A written contract presents an opportunity to discuss, agree and set out agreed terms. Having this drawn up by a lawyer is best, and with complex areas such as employment contracts or financing arrangements, you should always refer to an expert.
However, there may be times where you are entering into a simpler relationship, you may be providing your services at a modest value, or you may be developing and testing something new; and even though you are aware that having a professionally written contract b2c datasets would be wise, you are simply not geared up to obtain professional help. Here, at the very least, you should ensure that you discuss the key issues and keep a clear written record of what you have agreed as a simple DIY contract.
In some ways a contract is a glorified list of who does what and when. With this in mind, you can write your own simple contract in 4 basic steps.
Write out your name and address and the other side’s name and address
Add the date and sign it
Of course you won’t include some of the nuances that a professional would, but it will give you a much better level of protection and assurance than doing nothing. Although a lawyer-made contract is more water-tight, an imperfect contract based on making a list can be good enough, enabling your business relationship to progress more smoothly and successfully to its conclusion without unnecessary disputes.
Written Records – The Halfway House
An alternative approach to a DIY contract is to exchange emails. Simply email the other side with your lists of who is doing what and ask them to confirm by return email. This will give you a clear and valuable record of what was agreed, which is evidence of what was agreed, i.e. evidence of your unwritten contract. As you can see, a signed DIY contract and written evidence of an unwritten contact are very closely related – there may not be much difference between them.
Some records are better than others; compare an exchange of emails with notes alleged to have been taken during the meeting. What if the notes were made on a branded notepad with the logo of the serviced offices where the meeting took place? What if they were made on an iPad? These are all useful, to varying degrees. These days, saved text message streams can also be helpful. The best scenario is for the written record to be in one place, showing some form of acknowledgement from the other side.
