• Enforcing a verbal agreement with a written one on a later date

I provide a software which allows my partners to make money using it. We had a verbal agreement that all the profits from it would be shared 50-50. Initially they were transferring to me , my share of profits but now they have stopped even though they continue to use the software. 
I am thinking of adding a legal agreement to the software so when next time they open, they will have to click on the "I accept" button to use it.
This way I can have legal agreement in written and claim the profit's which they haven't shared.
I need services to set up this legal agreement.
Can this method work?
Or is there any better way to claim my profits?
Asked 4 years ago in Civil Law

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18 Answers

Hello,

You may not add this button as thereafter they can claim that the consent has been taken by coercion.

if they were sharing 50% profit with your previously then the same is sufficient to establish the verbal contract.

you may send them a legal notice and may then claim your 50% share, failing which you can file a case against them.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Send email to your partners that as per verbal agreement it was duly agreed that all profits would be split equally

2) however for last few months they have stopped giving you share of profits

3) call upon them to refrain from using your software unless profits are split equally

4) wait for their response then decide your next course of action

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Yes this method can ne used as you have given them license to use the software also you can mail clients updated terms of agreement and can put same on website as you planned so to enter software they have to accept same and that shall be deemed to be accepting terms.

Or you can issue a notice, make a agreement on non judicial stamp paper make client sign that then only they can access the software you provided them otherwise restrict the use.

Both ways are legal and enforcable.Give intemation to the clients that as orally agreed now you have made a agreement to the affect and before using software now they have to adhere to the policy

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, you can set up the same or can draft a disclaimer while using of software..you can contact me in person for the service required..thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

First of all send them legal notice asking them to pay as per oral agreement. Since the software was created by you and it was your brainchild you can make a copyright of same. Also you can add a license terms and agreement if they refuse to pay. This will help you to legally recover dues from them once they click I.accept button.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

since you do not hold any hard copy of evidence you cannot legally ask for it, what you are planning to say is the same way correct and legal however you need to mention everything on the dialogue page with accepting and denial.

However since you are the service provider to the same company you can ask them to pay the same or you waive off your service as it is both ways both are dependent on each other.

since you dont hold any papers through which you can enforce the other party to follow you have another method of claiming money and also from now onwards you can get the same in writing with seal and symbol of the company.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Hello,

Go for written agreement and add your terms and conditions to agreement this is the best legal remedy.

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

1. To make any change in the software you may require then consent and access to the website. if you have then only you can carry out such changes.

2. Before ding so make an partnership agreement as the understanding of sharing of profit makes your concern partnership firm which in absence of any written agreement becomes no existing.

3. If they refuse to make such agreement anymore then file a suit for injunction so they can not use your software anymore. Apply for its patent rights to protect it from misuse in future.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Sir,

Your idea is very good. May I suggest to follow the procedure laid down in the following link. Best of luck, that is category wise.

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https://www.wufoo.com/gallery/templates/forms/online-contract/

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If you cando that for your software then it is a good idea.

Besides, if you want to pen that down in presence of witnesses then you and your partners can do that by Drafting an agreement and registering it.

If you need legal help then you can seek help from a good lawyer in your area.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1) You can registered under cyber law, trader mark and copy right act for using your software online.

2) it will contain a rights to use and who has rights of software for sales, copyrights etc . and you should mentioned disclaimer displayed on it.

3) you can make contract with them for future considerations.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Client,

First issue the legal notice to your pratners asking them to as per your legal agreement.

Verbal agreements are valid why because they paid some profits to you.

My opinion is don't add any buttons with out the consent of other partners it will create coercion.

So issue legal notice

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

You need to enter in an agreement in writing on a stamp paper value of Rs 100 and get it signed and registered so that in case of dispute you may get that enforced.

You may put other conditions to accept to operate the software.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

In a partnership business there should always be a partnership deed drawn with the agreed terms and conditions among the partners in all aspects including profit sharing and copy right.

Oral or verbal agreements cannot stand before court as valid evidence.

You can draft an agreement with the terms acceptable to both the sides and continue the business in the future, until then you can even ask them to stop all the business activities.

If they dont listen to your requests you may issue a legal notice on this which would help you sort out the issue at this stage itself.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

hello sir,

instead of this why dont you lock ur software, until they pay u ur share dont open it. do some arrangements that after every month software must need ur approval to get unlocked

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

Firstly, the idea is appreciable, but yes without it also you can win the battle as they have been regularly transferring the amount which binds them under an inmplied agreement.

Secondly, yes you can put that clauses as well being the part of your software.

Thirdly, try to draft a good legal agreement.

You can have my services also to draft such agreement, but before that I ll be needing exact information about your software and it’s working, only if you wish to.

Good Luck

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Yes accept button with necessary terms and conditions governed in the website will suffice your purpose.

Prashant Nayak
Advocate, Mumbai
27274 Answers
88 Consultations

4.4 on 5.0

This is a question of e-contract and there are various different factors, apart from the regular contracts. For example, in the e-contract, it is an easier defence that the meeting of minds was not there and the contract is void/voidable. Accordingly, I suggest you to have clear terms of the contract discussed and signed with you in physical copies as well as digitally. If they disagree, file a suit and get the temporary injunction

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

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