FAQs
Here are some legal issues that you should know about before launching your offshore development project/s. The following information should reassure you that your contract will be honoured by the Indian Legal System; so don’t worry about a thing ! Just read up !
Indian Laws on Intellectual Property
The World Trade Organization (WTO) Agreement that came into force on the 1st of January 1995 has been endorsed by India along with the Agreement on Trade Related Intellectual Property Rights. Several legislative changes in copyrights, trademarks, designs, patents, and other issues on bio-diversity and geographical indications have been established by the Indian government; drastically reforming Indian Laws on Intellectual Property, making it very pro business.
Indian Government Policies:
- IT is regarded as one of the top 5 industries of India. IT is part of the national agenda, therefore, the policies are frame with a view to encourage maximum IT outsourcing to India.
- The liberalization and deregulation initiatives taken by the government are aimed at supporting growth & integration with the global economy. These reforms have enabled the entry of foreign companies to the Indian market. FDI investment from NRI's including Overseas Corporate Bodies (OCB's); owned by the NRI's are openly welcomed in India.
- The new National Telecom Policy has invited private participants to the Indian telecom sector, which is an added bonus since it impacts software development directly as well as indirectly.
- The IT bill passed in 2000, provides a legal framework for the recognition of electronic contracts, prevention of computer crimes and electronic filing of documents. NASSCOM along with the government is playing a notable role in protecting the interests of the IT sector.
Laws Governing International Contracts
Rules of Private International Law come into play, when parties to a contract are located in different countries.
Every international contract has to be governed by the Laws of either one of the countries. This Law is called the "Proper Law of the Contract". The Courts have held that "Proper Law is the Law, which the parties have expressly or impliedly chosen, or which is imputed to them by reason of its closest and most real connection".
Indian courts uphold choice of Law
The Indian Courts recognize and uphold the Law chosen by the concerned parties. No matter which Law has been chosen instead of the Indian Law, it has always been upheld by the Indian Courts.
Guidelines to follow while entering International Contracts
When entering an international contract, the following aspects should be considered in order to safeguard the interests of all parties concerned:
- There should be an express choice of Law governing the Contract/s.
- Ensure that the legal regime of the country, whose Law is chosen, recognizes the proper Law for enforcement.
- In case contract/s are signed in a country whose Law has not been chosen, one must ensure that all legal requirements of that country concerning the contract are fulfilled.
- Where the chosen Law is Indian Law and if Indian Judgment is to be enforced in another country, then make sure that the said country has a similar Law on the lines of Section 44A of the Indian Civil Procedure Code.
- The place of arbitration and other aspects have to be properly determined and mentioned in the contract itself, these will be negotiable it both parties so wish.
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Understanding FTE and how it works
Full-time-equivalent employee will work on contract basis for you — like any other employee hired by you; the only difference is that s/he will not be physically present in your office. You can either recruit from our team of programmers or you can choose to hire a completely new team.
Once your team in place, they will be reporting to you directly. You can instruct them and manage the project yourself.
Advantages of an FTE arrangement
You’ll be monitoring, managing and instructing your online programmer/s directly. Your team will work for you exclusively; they will work only on projects specified by you. This will keep them focused and improve the quality of work and also speed up the pace of work.
Since the team will be working for you exclusively, you can request changes at any given point, making it possible to implement changes even at short notice.
An FTE arrangement also ensures IP protection for your software. Unlike a conventional Fixed price deal, where you only get a license to use the product or at best you get co-ownership of the code, an FTE agreement is a “work for hire” agreement, hence all Intellectual Property developed by your team in India belongs to you exclusively.
You are also saved from the expense and management of the infrastructural facilities. You can develop your software at minimum cost without worrying about the security or confidentiality of your information.
Talent available
You can choose from our pool of talented and experienced professionals, who will work for your project full time on the following languages:
We will be responsible for the people you hire from us or through us
Yes. All the people you hire on an FTE arrangement are bound by contract to follow the company's policies regarding Intellectual Property, security, leave and other aspects that may affect your work.
Ensuring security
All employees are required to sign firm legal contracts to protect your interests. In addition, our networks are secured via firewalls and antivirus software; we also keep backups of all the data on our servers to protect against ill-fated hardware failure or virus attacks.
Knowledge of client business industry/domain
Programming skills aside, our .NET programmers possess the practical skills needed to effectively develop an offshore project. i.e:
- Knowledge of client business industry/domain
- Communication Skills
Communications is very important in a project, more so when you do not see a programmer face-to-face but interact with email, chat or telephone. Our programmers are trained to be on the same page as our clients to avoid time delays and project mishaps.
Knowledge of your business domain is crucial. Each industry has its own jargons and protocols. Unless a person knows the industry s/he cannot work on a project for that industry. Our programmers have a basic knowledge of almost all industries. For the rest, they are quick learners on the job.
Ensuring quality standards are followed
We adhere to coding standards and styles defined by you. You can also follow our coding standards and styles if you so wish. Your online programmer will follow your instructions to a tee. We never compromise on quality. But, in case they do not follow the standards that have been defined, you will not be billed for the time that they take to correct the code. We understand the value of time therefore this rarely happens if at all.
Standard salaries for employees with different skill sets like php, asp etc.
The costs will remain the same for employees of all skill sets.
Addtional employees
You can hire more people as and when you need them.
Conditions regarding terminating hired employees
In case you are dissatisfied with an employee and want to discontinue his services, just notify us and we will take immediate steps to take him off the project and provide you with a replacement at the earliest.
Rights regarding source code, copyright, intellectual property etc
You will have full rights of the project. We will only be providing you with staff who will work directly under you; making you the sole owner of the source code, intellectual property, copyright etc.
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