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  • Unfair Credit Charges: Stand up for your rights - Are the charges levied by your credit card company giving you jitters in the body? Well, the good news is that now you can actually reclaim your hard earned money from these credit card companies who levy an unreasonable charge on your account without any specific reason. The case of unfair credit charges has been taken up very seriously by the Office of Fair Trading (OFT). After various investigations conducted by the OFT, it finally arrived at a decision stating that the charges levied by the credit card companies were unlawful, as they were proportionately higher than the actual losses suffered by them.
  • Unfair Bank Charges: Reclaim them - Are you losing your sleep over the unfair bank charges levied on your account by your 'trusted' bank? Well, you are not alone and this problem is spreading all over the world like a pandemic. People from different corners of the world complain of being facing unfair loan charges or unfair credit charges from none other than their own bank they trusted. However, help is round the corner and you can reclaim your hard earned money back from these banks.
  • From Concept to Market - You have a great business idea. In fact, in the 5 years you've had this idea, you can't believe no one else has come up and out with it. Just to be sure, you have even vaguely mentioned it to a few trusted minds to see if they would respond affirmatively and, they did.
  • What rights do you have as a buyer in real estate purchase? - When stepping into a real estate transaction as a buyer, you have some rights to start with, and because it involves a very considerable amount, you should make the most of them. Most real estate buyers are quite uninformed about their privileges. Even if you engage some real estate agent to deal on your behalf, you cannot afford to be in dark about these rights. Information & Inspection: Property buyer has the right to get hold on all the information about property; similarly he/she can inspect (or hire some house inspector to examine) the house condition and look over into the issues like how much repair work is considered necessary?
  • UAE real estate regulatory agency (RERA), Purpose and Functions - Dubai government has been proactive from the day one in dealing with the problems related to real estate market; issues are seriously dealt with before any of them can damage the confidence of investors in Dubai real estate market. Since 1960 Dubai land department has been keeping an eye on all the real estate sales and purchase matters in Dubai. On 31st July 2007 RERA (Real Estate Regulatory Authority) was launched as an agency under the Dubai land department by his highness Sheikh Mohammed Bin Rashid Al-Maktoum, ruler of Dubai.
  • Sex, Lies... And a Dumb Mistake Your Blog Website Can't Afford - Copyright © 2009 Chip Cooper Does your website incorporate a blog, forum, or listserv -- where users may post text or files? If so, are you liable if your users post defamatory materials about someone else? In 1996, Section 230 of the Communications Decency Act (Section 230) came to the rescue of "interactive computer services" by overruling prior case law that would hold websites liable. But Section 230 is not bullet-proof. Interactive websites may still be liable as the May, 2009, Ninth Circuit case of Barnes v. Yahoo, Inc. illustrates. Sex And Lies The case of Barnes v. Yahoo involved salacious facts centering on the aftermath of a break-up between plaintiff Cecilia Barnes and her boyfriend. After the break-up, Barnes' ex-boyfriend created fictitious profiles for her on a website operated by Yahoo. Included were nude photos, plus offers for sex.
  • The role and hiring of your real estate Attorney - Unless you are some real “guru” in real estate business, you need to consult a real estate attorney before you get into a real estate transaction or agreement. Generally speaking, an attorney is a person who acts on behalf of another person;
  • Lease Purchase Contract For Real Estate - A lease purchase agreement is frequently used to make it easier for the seller to sell a home that is not very easy to sell, i.e. hard-to-sell properties. For the buyer, it is sometimes beneficial because it is an easy way to gradually enter in to a home ownership status. The purchase works through a series of steps. First, the buyer pays the seller a purchase deposit in return for the right to purchase the property at a later date. The deposit is usually a substantial sum but typically less than the buyer would need for a down payment on a new home loan. The purchase deposit for lease purchase is always non-refundable.
  • Is Your SaaS Agreement The Only Website Legal Document You Need? - Copyright © 2009 Chip Cooper I'm often asked questions about SaaS (Software as a Service) agreements. What I have to prompt SaaS webmasters to ask is - "Is my SaaS agreement the only website legal document I need?" To most Saas site webmasters, the answer may be surprising. What Is a SaaS Agreement? A SaaS Agreement is a customer agreement, and for this reason, it's usually the focal point for webmasters of SaaS websites. However, they're rarely called a "customer agreement" or even a "SaaS agreement". More often than not, they're titled as a "membership agreement", "subscription agreement", or "services agreement". SaaS agreements are typically presented to the user during the registration process in electronic form - usually with a significant portion partially visible from a scroll box.

  • An Introduction to International Trade - The primary reason most companies trade internationally is to reduce risk, if you think of the old adage of not putting all your eggs in one basket, the same applies to the business world and international trade, if you've got a stable market here in the UK it might prove prudent to look at how you can grow your business internationally.
  • How to Make Your Rental Business Run Smoothly - In today's America, most landlords own only a few rental properties, and managing a rental property and lease agreement is merely something most landlords do as a side investment while working a full time job and raising a family.
  • Tenancy Agreements Are Designed to Make Both Parties Happy - Tenancy agreements are important documents that help to protect legal rights and identify responsibilities of both parties - the lodger and the landlord. However, since the situation has arisen where the landlords lawyer or estate agent puts the agreement together, tenant can often find himself in a difficult situation. The best answer is to give yourself a fundamental legal tutoring by studying some agreement examples. It can be an excellent idea to download a few examples of agreements from the internet and make oneself acquainted with judicial terms used in similar documents. What if Tenancy Agreement Contains Unfair Terms Occasionally tenancy agreements may include doubtful clauses that can be misinterpreted by a landlord to gain advantage over the renter. It is extremely important for a lodger to understand the small print at the bottom of the document and make sure that each term listed is correctly understood.
  • Oddities of Prenuptial Agreements - By and large, a prenuptial agreement between a couple is a serious thing which is used to dictate events and settlements should the marriage end in divorce. These events usually just entail the division of property and take into account prior assets, with alimony occasionally being discussed. However, occasionally a prenuptial agreement strays off the beaten path somewhat, and some odd stipulations are made in these pre wedding agreements. A prime example of a type of bizarre prenuptial agreement is when a penalty for infidelity is imposed on one or both individuals.
  • Famous Cases: What Can Happen If You Don't Have a Prenuptial Agreement - While the well known figures may be dealing with sums much vaster than the typical prenuptial agreement is used to help divide and protect, the base fact is the same.
  • 2 Costly Mistakes For SaaS Sites To Avoid With Online Contracting - Copyright 2009 Chip Cooper The law of online contracting has become fairly well settled. This is good news for SaaS sites with online agreements such as Membership Agreements, Subscription Agreements, Content License Agreements, and the like. Online contracting with click-wrapped agreements -- where the user indicates agreement by clicking on I ACCEPT -- will usually result in an enforceable contract if 5 simple rules are followed: * conspicuous presentation during registration process; * reasonable notice of the existence of contract terms; * unambiguous manifestation of assent;
  • Successfully Raise the Rent With a New Rental Agreement - As all real estate owners know, the cost of owning a home or rental property rises steadily over time, from pesky tax assessment increases, to property insurance premiums shooting up, to property repairs. For landlords, this means their rental income must increase alongside these rising costs, which in turn necessitates raising tenants' rents. While not a fun conversation by any means, here are a few tricks to make it a little smoother, and to reduce the prospect of a vacancy.
  • Service Level Agreements – All You Need To Know About Them! - Service level agreements are contract documents that specifies the rights and obligations of the two parties that are involved in the contract for work i.e. the client and the service provider. The SLA details the levels of services that the vendor will provide the client under the agreement and what payments they would receive for the same.
  • Behavioral And Keyword-Triggered Ads -- Legal Update For Hot-Button Internet Advertising Issues - Copyright © 2009 Chip Cooper Safire's New Political Dictionary defines "hot-button" as follows: word or issue that ignites anger, fear, enthusiasm, or other passionate response. Safire's definition fits two Internet advertising issues - behavioral and keyword ads - perfectly. Two developments in the first few months of 2009 show how these hot-button issues are developing, and how they may ultimately impact Internet advertising in a fundamental way. Behavioral Advertising Relevance is a key concept in any advertising. With it, advertisers' messages hit home with purchasers, and conversions increase.
  • A Professional, Personal Touch To Managing Your Debts – Part-2 - Is this lawful & Ethical? This is a lawful process that is regulated by the Ministry of Justice. We have established this service in order to assist the consumer in upholding their rights.
  • A Professional, Personal Touch To Managing Your Debts – Part-1 - How much does the claims process cost? Our fees reduce on a sliding scale dependant upon the product type and the number of claims that you submit to us. We charge £295.00 for the first audit that we conduct on your behalf, £195.00 for audits 2-5 and £95.00 for each audit thereafter. If you wish to take advantage of our services in relation to reclaiming unfair bank charges, unfair credit card charges or the mis-selling of a Payment Protection Policy, we charge a flat fee of £95.
  • Business Contracts Provisions - Obviously, all contracts should be prepared and reviewed by competent legal counsel. However, there are a number of fairly standard contract provisions that are in most contracts but may not be familiar to non-lawyers.
  • Invention Assignment Agreement - Weighing an Inventor's Rights Against an Employer's Rights - An Invention Assignment Agreement is written contract in which one party (assignor) assigns, grants, or otherwise transfers all right, title, and interest in the assignee's future inventions to a second party (assignee). In laymen's terms, an inventor gives up the rights in his inventions. Normally, one would ask what would possess an inventor to do such a thing. And the answer would be, as usual, money.
  • Lease Assignment Agreements - Critical Aspects - Lease Assignment Agreements are a necessary part of getting your successful brick and mortar business going. Imagine that a business - let's say a group of optometrists - wants to open up shop. The first thing they need to do is find space for their office. So they shop around and choose a building. When they've decided which building they want to operate their business out of, they negotiate with the landlord the terms of a lease agreement. Let's further imagine that the optometrists wanted to lock in a certain lease rate for five years, so they don't have to worry about the landlord raising the rent for a while. So they negotiate a five-year lease at a certain rate, they sign the lease agreement, and they open up their office.
  • Are Non-Clickers Bound By Your SaaS Agreement? - Copyright © 2009 Chip Cooper It's well settled that website click-wrapped agreements presented on SaaS (Software as a Service) websites and ecommerce sites are enforceable against the clicker -- but what about users who access someone else's account without clicking to agree -- are they bound also?
  • American Prenuptial Agreements for Inter-Country Marriages - Most people who are making wedding plans are squeamish about discussing prenuptial agreements. This may stem from a desire to avoid discussing the possibility of a marital dissolution or just a lack of forethought when making wedding plans.
  • Credit Cards Written Off. Truth or Scam? - Credit Cards Written Off. Truth or Scam? The Background to the New Unenforceable Agreement Claims Industry According to the Claims Management Industry, about 50 million Credit Agreements are signed in the UK each year.
  • Unenforceable Credit Agreements? How do you Know If you Have Them? - Unenforceable Credit Agreements? How do you Know If you Have Them? Some very important straightforward information about unenforceable credit agreements. If you have any unenforceable credit agreements you could reclaim thousand of pounds! 1. There is a good chance that some of your loans or credit cards are unenforceable credit agreements and so cannot be enforced by your lender. Even your mortgage agreement could be unenforceable 2.
  • Financial Agreement Claims Help for Families During the Credit Crunch. - Financial Agreement Claims Help for Families During the Credit Crunch. Are you feeling the pinch during the credit crunch? Help may be at hand in the form of a new finance claim. This new and fast growing financial claims allows customers to audit any finance agreement taken out since April 2007 to assess whether it has issues which could make it unenforceable. All agreement must follow the rules laid down in the 1974 Consumer Credit Act. Many agreements fail to do this. This means you may be able to wipe out your credit card and loan balances. It doesnt matter if you are in arrears or following a debt management plan or IVA.
  • Visitation Agreements When You Are Divorced - When divorce rears its ugly head in your life, one of the topics that sits uncomfortably on your shoulder is setting up reasonable agreements with your ex.
  • Demography, Geography, And Ideas For Long Term Real Estate Investing - Unless you've been living under a rock for the last several years, you've probably noticed how difficult it is to sell real estate in this miserable market.
  • SaaS And Ecommerce Sites - Don't Miss the May 1, 2009 Deadline - Copyright © 2009 Chip Cooper On March 20, 2009, the Federal Trade Commission (FTC) published its latest guidelines for the Red Flags Rule entitled "Fighting Fraud with Red Flags Rule: A How-To Guide for Business". These guidelines significantly broadened the scope of the applicability of the Red Flags Rule. Many SaaS and ecommerce websites may now be surprised to learn that they are covered by the Red Flags Rule - and as a result they may face substantial liability for failure to comply. If your site is covered, you need to comply by the deadline or face civil lawsuits by consumers for actual damages -- and if actual damages can't be proved, nominal damages. Civil litigants may also recover punitive damages and attorney's fees. In addition, the FTC may initiate administrative proceedings. What Is The Red Flags Rule?
  • 5 Ways to Make Your Tenants Pay Rent Early (and Treat Your Rental Property Better) - Imagine if your tenants always paid their rent, not merely on time, but EARLY? Startling concept, isn't it. While many tenants start out performing well, over time many become lax with their rental payments, their treatment of the property, and their adherence to the rental agreement. Here are five tips to ensure your tenants (and thus your rental investments) stay at peak performance. Tip 1: Offer a carrot for early rental payments. People love to feel like they're achieving a bargain, or saving money. Take advantage of this human urge by offering an early payment discount, or some other incentive if your tenants pay their rent early.
  • The Franchise Industry (Part 6) - The franchise model is a great way to establish a company and may well be the quickest route to market. Once the brand is recognised on a national or international platform it becomes easier to develop and enhance new product lines.
  • Loan Modification - How to Avoid a Loan Modification Scam - You are in serious trouble when youre facing foreclosure but there are remedies available to save you from it. One of them is loan modification. The lender may give you second chance by lowering the interest rate or stretching the payment terms.
  • Assured Shorthold Tenancy - Safe Way of Property Lettings - When it comes to properties, legal documents and agreements shouldn�t be confusing. Yet frequently agreeing on tenancy terms can be a real headache. Let�s try to understand the basic concept of assured shorthold tenancy and discuss the situations when it can be used. Assured shorthold tenancy or AST is the main form of tenancy for England and Wales. Its main purpose, when it was introduced back in 1997, was to give an equal amount of rights to both the tenant and the landlord. The idea behind the AST is to provide the tenant with at least 6 months of undisturbed living and the landlord with an easy way to recover his property.
  • SaaS And Ecommerce Businesses -- Are You Liable For Failure To Bind Your Service Providers? - Copyright 2009 Chiup Cooper If you've been following legal developments on the Web in the last couple of years, you know that there is significant concern regarding privacy and data security. This concern is driven by consumers' fears over identity theft. The Life Is Good Case - 5 Data Security Safeguards In a well-known case filed against Lifeisgood.com, the Federal Trade Commission (FTC) announced in a press release dated January 17, 2008, that Life Is Good agreed to implement the following 5 administrative, technical, and physical safeguards for data security: 1. Designate an employee or employees to coordinate the information security program. 2.
  • What's Behind Google's Requirement For AdSense Users To Modify Privacy Policies? - In early March 2009, Google notified users of its new AdSense option, "interest-based advertising". With this announcement, Google also stated that "your privacy policy will now need to reflect the use of interest-based advertising". What's behind this announcement, what is "interest-based" advertising, and what modifications may be required for your privacy policy if you use this advertising option? Contextual Advertising; Behavioral Advertising In its beginning, Google AdSense pioneered in the field of contextual advertising.
  • 2 Tips To Avoid Costly Liability For Visitors' Posts To Your Interactive Website - Copyright 2009 Chip Cooper Many sites these days are interactive -- they permit site visitors to post to the site. Forums and blogs would be at the top of most of our lists for types of interactive sites. However, different kinds of sites are also permitting owners to post, such as classified ad sites. What happens if a visitor posts a defamatory statement '- or statements that are in violation of specific statutes -- on your blog, forum, or in a classified ad on your site? Are you liable?
  • When Buying a Franchise, Do you Need to Hire a Lawyer? - (Great, a lawyer answering a question about the necessity of hiring a lawyer?) Short Answer? Yes- but not right away. The advice and guidance of a franchise and business lawyer will serve as a valuable resource (one of the many "resources" that will be required) on your road to entrepreneurship. This advice should be based on practical franchise and business experience and must involve a detailed review of the franchise agreement and franchise disclosure document (FDD), followed by negotiations with the franchisor.
  • Is Your SaaS Agreement Enforceable -- Even Against Simba, The Agreeable Cat? - Copyright 2009 Chip Cooper I thought I'd seen and heard it all in my Internet law practice, until a client referred me to an interesting article about a kitty cat named Simba that walked across a keyboard and clicked on an online, click-through agreement (also known as a "click-wrapped" agreement). The article is entitled "The Agreeable Cat", by Ann Loucks, and you can read it at http://www.ohesso.com/essays/essay006.htm. My client wanted to know whether the agreement was enforceable. My reply - against Simba the cat, or its owner who put Simba up to this? After a chuckle, I thought the question really had merit, and this is my analysis. The Specht Case The most significant case regarding the enforceability of online agreements is Specht v. Netscape Comms. Corp.
  • The Value Of Specifying Share Holder Agreements During A Company Formation - Shareholder agreement is the basic understanding and agreement between the company and its shareholders. What is important in the agreement is the content of the agreement which basically bind you, the shareholder, and the company. It is therefore important for a company to form a binding agreement between them and their shareholders or the shareholders of a private company, at the beginning of the company. It is of great value to make clear what is expected of the company, as well as what is expected of the shareholders. Shareholder agreements are based on important issues which are of great value to both the company and the shareholders.
  • Ecommerce Websites -- 3 Tips To Avoid Liability For Actions of Your Online Resellers - Copyright 2009 Chip Cooper Recent case law confirms once again: if online agreements are presented properly to end-users, they're legally enforceable.
  • The Real Estate Purchase Agreement Simplified - A Real Estate Purchase Agreement, or purchase contract, is an agreement that outlines the specifics of a real estate sale. This document is usually completed by the buyer who submits it to the seller with their bid for the property.
  • 3 Tips For Your General Audience Site To Avoid Tripping The COPPA Trap - Copyright 2009 Chip Cooper If you think that the Children's Online Privacy Protection Act (COPPA) applies only to websites that target children under 13, you're uninformed. Sony found out the hard way, and as a result Sony has agreed to pay a $1 million fine in settlement of a case brought by the Federal Trade Commission (FTC).
  • Your Privacy Policy: Plan Ahead Or Your Opt-In and Customer Lists May Be In Jeopardy - Copyright © 2009 Chip Cooper I talk to clients all the time about not falling into the trap of believing that their privacy policy is really nothing but a lot of fluff, filled with vague, self-serving statements such as "we respect your privacy". It's actually way more than that; it's viewed as an enforceable contract by the Federal Trade Commission (FTC), and as such it may be construed against you and subject you to substantial liability.
  • Use of a Competitor's Mark In Keyword-Triggered Ads - Legal Summary As We Begin 2009 - Copyright © 2009 Chip Cooper In the last four years or so, cases involving keyword-triggered ads have been hotly litigated. As we begin 2009, it's a good time to look back to see if the law has settled a bit. The stakes regarding keyword-triggered ads are high-both for trademark owners and their competitors alike, and also for search engines. Companies spend significant sums on Internet advertising -- sums that routinely surpass even optimistic projections.
  • 2009 Resolution -- Give Your Site a 10-Point Legal Check-Up - It's early in the year, and it's time to fulfill your resolution to give your site a quick legal check-up.
  • Finding Student Digs - Over the coming years you will find that due to the government's aim to have 50 per cent of 18-30 year olds in higher education by 2010 accommodation for students will become harder to find. Currently finding a student property to rent shouldn't be a difficult task as long as you leave yourself enough time.
  • Fighting About Money? - Growing up, I think my parents fought a lot about money. I say "think" because I can't really remember it as I've blocked a lot of it out.
  • "Red Flag" Identity Theft Alert -- Is Your Site In The Cross Hairs? - In October 2008, the Federal Trade Commission (FTC) announced that it is delaying enforcement of the Red Flag rules six months to May 1, 2009. The reason for the delay is uncertainty over who is covered. Just who is covered (and therefore liable for failure to comply) is still somewhat confusing. However, if you're not sure you're covered, particularly if you're a SaaS site, you'd better check out the rules carefully in order to avoid liability for failure to comply. What Are The Red Flag Rules? The Red Flag rules were adopted in 2003 to combat identity theft.

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