Platform and Business Partner Agreements
An e-commerce platform or mobile app runs on a network of contracts with users, sellers, payment institutions, logistics companies and software providers. We prepare this entire contract network, set up an allocation of responsibilities that fits the platform’s business model and conduct negotiations with business partners.
What are platform agreements?
Platform agreements are the set of contracts governing a digital platform’s relationships with its users and business partners. User and membership agreements, seller or service provider agreements, payment and logistics service agreements, and software development and hosting agreements all fall within this scope.
These agreements must be consistent with each other: if a commitment the platform gives to users has no counterpart in the seller or logistics agreement, the responsibility stays with the platform.
Scope
- Preparing user, membership and seller agreements
- Reviewing and negotiating payment institution, logistics and software provider agreements
- Terms of use consistent with app store rules
- Managing liability arising from platform content
How We Work
- Mapping the platform’s business model, parties and money flows
- Setting the allocation of responsibility and risk for each relationship
- Preparing the set of agreements so that they are consistent with each other
- Conducting negotiations with business partners
- Updating the agreements for new features and changes to the business model
Team
Frequently Asked Questions
Is the platform liable for content uploaded by users?
A platform acting as a hosting provider is not obliged to monitor user content or investigate whether there is unlawful activity; but once notified of unlawful content, it must remove it. This process should be set out in the terms of use and internal procedures.
Can we change the terms of use unilaterally?
A right to make changes can be provided for in the contract, but, particularly towards consumers, changes must be notified in advance and users must be able to leave the contract if they do not accept them. Changes to the consumer's detriment that are not notified in advance may be treated as unfair terms.
Can we limit our liability by contract?
In business relationships, to a certain extent, yes; however, provisions excluding liability in advance for gross negligence and intent are invalid. Towards consumers, provisions limiting statutory rights may be held invalid as unfair terms.
Do we need a separate agreement for the mobile app?
If the app and the website offer the same service, a single set of terms of use may be enough. However, because of app stores' own rules and app-specific permissions and notifications, the text needs to be adapted for mobile use.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
Schedule a meetingRelated Terms
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