Technology

Technology

A core practice area for Mann Symons LLP is to assist technology companies in all stages of their development, and to assist other organizations when they embark on technology projects, change their business processes or face other circumstances that involve or depend on technology.  For ease of reference, the types of legal services can be grouped into four categories, as follows:

More detail about a category of interest can be accessed by clicking on its name.

Internet and eCommerce

Having a presence on the Internet is essential for virtually all organizations.  Having an online presence over which it has some control allows an organization to influence its online identity.  Having none means that an organization’s online identity is in the hands of those who choose to discuss the organization online.  A presence may consist of a simple web site, an ecommerce enabled web site, or use of various social media platforms.
In support of our clients’ efforts to use the Internet effectively and to create and maintain a positive online presence, Mann Symons LLP provides a variety of legal services including advising on:

  • domain name registrations and transfers, and resolution of domain name disputes
  • internet, social media and other related communications policies
  • anti-spam legislation
  • terms of use for web sites and social media pages
  • privacy policies for web sites
  • terms of sale for ecommerce-enabled web sites
  • complying with consumer protection laws as they relate to transactions over the Internet
  • the acquisition of electronic and mobile payment services
  • hosting services
  • network services
  • web site development
  • other Internet-related issues

Software and Hardware

The use of software and hardware is integral to how any private, public or not-for-profit sector organization operates.  The models for accessing and using these technologies undergo rapid changes.  By keeping abreast of these changes, Mann Symons LLP can provide up-to-date advice to its clients as they negotiate or prepare:

  • licensing agreements
  • software customization and development agreements
  • software-as-a-service and cloud-based licensing agreements
  • hardware purchase and leasing agreements
  • professional services agreements for the implementation of information technology, communications and other systems

Services

Private, public or not-for-profit sector organizations may encounter various types of IT services agreements from time to time.  The circumstances of any transaction will have a significant impact on the nature of the required agreement and the ability to negotiate its terms.  Mann Symons LLP supports its clients in preparing, negotiating and managing a wide variety of agreements for services (including preparing and negotiating service level objectives and commitments when appropriate).  These agreements include:

  • support and maintenance agreements
  • professional services agreements for consulting, development, implementation and ongoing support services
  • network services agreements
  • hosting agreements
  • agreements for cloud-based services
  • development agreements for web sites and other types of content
  • licencing agreements for web content

Mann Symons LLP’s lawyers have extensive experience providing advice on various types of IT and business process outsourcing agreements.  The outsourcing agreements generally address the provision of a variety of IT services, including the types of services described above.  They may also involve the transfer of assets and personnel from the customer to the outsourcing service provider.  Project management, change management, dispute resolution and governance processes will also play a role in outsourcing agreements.  Because outsourcing agreements often involve long term relationships, and range in value up to several hundred million dollars, it is critical that they are well-drafted and support a strong relationship between customer and service provider.

Acquisitions of businesses

Both Fraser Mann and Elisabeth Symons are experienced information technology counsel who have worked and continue to work as part of larger legal teams in connection with the purchase or sale of a business that includes significant information technology assets such as proprietary software, domain names and web sites.