(02) 9519-5030


Nicholas Clayhills

Conducting business with potential partners or customers / clients requires scoping, implementation and subsequent management.

Our services include reviewing and drafting Web terms, privacy, end user agreements, IT and software contracts accounting needs.

Sharing, developing and earning revenue from your IP, IT extends from the initial NDA (non disclosure agreement), through SLA and KPI markers and concludes on completion of delivery or performance.

Conducting business with potential partners or customers / clients requires scoping, implementation and subsequent management.

Various types of contracts driven by the nature of each relationship ought to be readily available for each business in each step of this process.

“When we bought our business in 2009, Nic Clayhills professionally guided the process to completion, there was no stone unturned. Four years later and Nic’s due diligence is invaluable. When we engaged Clayhills we didn’t understand that we would be forming one of our most important business relationships. Nic, over the years has successfully advised and represented us. I could not recommend Nic more highly”
  • “Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”


    Clovelly, NSW

Common IT Software, IP & Confidentiality Questions

  • How exclusive should the agreement be?

    Exclusivity provides greater degree of certainty and commitment for all parties. It suits specialist services and solutions that require a very close working relationship.  A non-exclusive agreement tends to reduce commitment and suits generic services, with little business dependency.

  • Who owns the Intellectual Property (I.P.)?

    Although the customer owns the ‘idea’ for developing a product or service (like software technology), the underlying code and structure of the I.P. usually already exists or is created by the service provider.  The different I.P. claims should be clarified during contract formation, not at the end of the contract.

  • What operating standards should we adopt?

    As with a sign-off, performance standards should be agreed and written up.  These are known as: SLA’s (Service Level Agreement), KPI’s (Key Performance Indicators) and KRA’s (Key Result Areas).  These performance standards are based on priorities and need tailoring for each contract.  Any failure to meet performance standards then triggers a ‘cost’ or default consequence.