http://www.escrowagent.com.au/ 2012-05-24T00:27:38+10:00 http://www.escrowagent.com.au/ http://www.escrowagent.com.au/lib/tpl/default/images/favicon.ico text/html 2011-02-17T11:47:57+10:00 http://www.escrowagent.com.au/doku.php?id=additional_trigger_events&rev=1297903677&do=diff The default Additional Trigger Events as set in the schedule are usually Nil as the above clauses are adequate for many situations. However, some other clauses that customers use from time to time time include: * a breach of the Master Agreement by the Supplier which remains unremedied for 14 days; * a change in 51% of the ownership of the Supplier; * the product being removed from support by the Supplier; * a failure to provide support either under the existing arrangements or upon … text/html 2011-04-29T17:40:35+10:00 http://www.escrowagent.com.au/doku.php?id=addresses&rev=1304062835&do=diff Melbourne:Sydney:Postal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 1601, 1 William Street, MELBOURNE VIC 3000 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000 text/html 2011-10-20T00:07:47+10:00 http://www.escrowagent.com.au/doku.php?id=clauses&rev=1319029667&do=diff Our Standard Agreement Our standard agreement ([pdf] / [word]/ html) defines: Escrow Materials as Source Code for [insert details]/As specified in the Master Agreement Some alternative wording suitable for some Customers In the absence of an appropriately drafted Master Agreement some Customers prefer wording such as: text/html 2012-02-23T05:32:37+10:00 http://www.escrowagent.com.au/doku.php?id=contracts&rev=1329935557&do=diff People executing an agreement do not need to be a directors, secretaries or a CEOs of the company. They simply need to be authorised to execute the agreement. However, sometimes it can be useful to rely on the methods found in Corporations Act, s127 to ensure that an agreement has been properly executed. text/html 2011-02-27T14:06:55+10:00 http://www.escrowagent.com.au/doku.php?id=costs&rev=1298776015&do=diff Standard Agreement For parties using our standard agreement ([pdf] / [word]) the pricing is as follows: FeeAUD$CommentSetup $Nil Annual Fee$900 plus GST per annum in advance plus if more than 4 DVD/CD/Hard Disk/USB Key/Electronic Deposits are held an additional fee of $150 plus GST per DVD/CD/Hard Disk/USB Keys/Electronic Deposit per annum is payable. For unlimited deposits the Annual Fee is $1,500+GST per annum in advanceRelease Fee$Nil Reseller For parties using our [reseller agreement] t… text/html 2011-03-29T14:09:01+10:00 http://www.escrowagent.com.au/doku.php?id=customer&rev=1301368141&do=diff An entity which is ordinarily entitled to gain access to the software source code and associated materials under the terms of the [escrow agreement]. text/html 2012-05-16T03:19:39+10:00 http://www.escrowagent.com.au/doku.php?id=deposits&rev=1337102379&do=diff We offer a wide variety of physical and electronic delivery and collection methods which can be tailored to your specific requirements. * You can post the software source code and associated materials to us at either of our postal addresses. * You can encrypt the software source code and associated materials and send the passwords for same to us by email, fax, telephone or skype download. * We can provide free of charge courier collection of the software source code and associated materia… text/html 2012-02-23T04:53:46+10:00 http://www.escrowagent.com.au/doku.php?id=electronicexchange&rev=1329933226&do=diff Yes, Software Escrow and Copyright Agents Pty Ltd will accept signed scanned agreements and will sign and return same to you executed by us electronically. This method of execution is very efficient and means that we can set up an escrow arrangement in under 24 hours. text/html 2011-03-17T16:13:06+10:00 http://www.escrowagent.com.au/doku.php?id=government&rev=1300338786&do=diff Some government customers use their own escrow agreements which is known as GITC. You can find some of those escrow agreements at these locations: * Australian Capital Territory * New South Wales * Northen Territory * Tasmania * Victoria * Queensland * Western Australia * Commonwealth * SourceIT Model Contracts text/html 2011-02-11T04:03:14+10:00 http://www.escrowagent.com.au/doku.php?id=here&rev=1297357394&do=diff We offer a wide variety of electronic delivery methods which can be tailored to your specific requirements. * We can provide free of charge courier collection of the software from your premises (Australia/NZ only). * You can make the software available for us to download using ftp. * You can make the software available for us using skype download. * You can email the software to us. * You can post the source code to us to either of our postal addresses. * You can courier the softwar… text/html 2011-10-10T06:47:28+10:00 http://www.escrowagent.com.au/doku.php?id=howisaccesstotheescrowmaterialscontrolled&rev=1318189648&do=diff All access to the software source code and associated materials is subject to a written escrow agreement and controlled and supervised by Steve White. text/html 2010-09-27T01:13:26+10:00 http://www.escrowagent.com.au/doku.php?id=insolvency_administration&rev=1285514006&do=diff Insolvency Administration In Australia, the Corporations Act Chapter 5 (External administration) sets out when a company becomes subject to an insolvency administration. Similar legislation exists for other Countries. text/html 2011-10-10T06:50:30+10:00 http://www.escrowagent.com.au/doku.php?id=legalagreements&rev=1318189830&do=diff We use the services of White SW Computer Law, a law firm that practices in the areas of Intellectual Property, Information Technology and Telecommunications law to prepare our escrow agreements. text/html 2011-06-09T15:54:59+10:00 http://www.escrowagent.com.au/doku.php?id=links&rev=1307598899&do=diff Related Organisations * White SW Computer Law - Information Technology, Intellectual Property & Telecommunications Lawyers * Technology Arbitrators & Mediators - Mediation Services * Technology Arbitrators & Mediators - Arbitration Services text/html 2010-09-27T00:45:50+10:00 http://www.escrowagent.com.au/doku.php?id=master_agreement&rev=1285512350&do=diff Master Agreement This definition is used in our agreements to mean the principal supply agreement pursuant to which the Customer is entitled to use the Software. eg. * a Software Licence and Support Agreement; * a Support Agreement; * a Software Development Agreement; * a Services Agreement (particularly software as a service (Saas)); * an Acquisition or Sale Agreement. text/html 2011-03-29T10:29:30+10:00 http://www.escrowagent.com.au/doku.php?id=materials&rev=1301354970&do=diff The materials that we often receive include: * Source code. * This can be deposited in a variety of electronic formats. * Sometimes software is deposited in a format fully supported by a source control repository sometimes it is not. * For litigation purposes a version which is stored in a full source control repository format such as team foundation server is very useful as it should contain information about who made changes to code and when. * For information in relation … text/html 2011-06-05T15:34:58+10:00 http://www.escrowagent.com.au/doku.php?id=media&rev=1307252098&do=diff * What is the expected life span of a CD? * What is the expected life span of a DVD? * Care and Handling of CDs and DVDs: A Guide for Librarians and Archivists * SSD Myths and Legends - "write endurance" * Data corruption in Hard Disk Drives * Data Recovery from Hard Disk Drives * Increasing Flash SSD Reliability * Solid State Drives: The Beginning of the End for Current Practice in Digital Forensic Recovery? * Solid State Drives: The Hot/Crazy Solid State Drive Scale text/html 2011-02-24T17:43:19+10:00 http://www.escrowagent.com.au/doku.php?id=overseas_escrow_clients&rev=1298529799&do=diff In approximately 50% of our matters there is at least one party (either a customer or a developer) that is resident for taxation purposes outside Australia. In approximately 10% of our matters both the customer and developer are resident for taxation purposes outside Australia. text/html 2011-02-17T11:45:57+10:00 http://www.escrowagent.com.au/doku.php?id=reseller&rev=1297903557&do=diff You may find that you and your customers are interested in a program for escrow which is linked to your maintenance fees. When is our Reseller Program better? * You wish to incorporate into your software maintenance fees an escrow fee determined by you and payable to you by your customers and which fee reflects the value of your work in making regular deposits of your source code into escrow. * You wish to pay the escrow agent's fees yourself. * The customer is using a version of the so… text/html 2011-10-19T00:03:42+10:00 http://www.escrowagent.com.au/doku.php?id=resellerescrowagreement&rev=1318943022&do=diff text/html 2012-02-27T01:00:18+10:00 http://www.escrowagent.com.au/doku.php?id=standardescrowagreement&rev=1330264818&do=diff text/html 2011-06-09T15:53:26+10:00 http://www.escrowagent.com.au/doku.php?id=start&rev=1307598806&do=diff * Where can I review SECA's standard escrow agreement? [pdf] / [word]/ html * What is escrow? * Who is SECA? * Why do I need escrow? * Where are SECA's offices? * Where are the escrow materials stored? * How is access to the escrow materials controlled? * What are the steps involved in setting up an Escrow Agreement? * I am dealing with a Government Department. What do I need to know about their escrow requirements? * I work for a software developer. What do I need to know … text/html 2011-05-10T09:13:26+10:00 http://www.escrowagent.com.au/doku.php?id=steps&rev=1304982806&do=diff * Determine whether or not you require: * a government suitable escrow arrangement * a standard escrow arrangement [pdf] / [word] * a reseller escrow agreement * Review the appropriate escrow agreement, ensure that Software source code and associated materials and trigger events are correctly described for your requirements * Review the costs. * Complete the schedules to the escrow agreement and make any other amendments to the escrow agreement that you require. * Chec… text/html 2011-03-29T14:10:42+10:00 http://www.escrowagent.com.au/doku.php?id=supplier&rev=1301368242&do=diff An entity which deposits software source code and associated materials pursuant to the terms of the [escrow agreement]. This entity is often a Software Developer or the intellectual property owner. text/html 2012-02-28T11:39:00+10:00 http://www.escrowagent.com.au/doku.php?id=timings&rev=1330389540&do=diff By using electronically signed and scanned agreements SECA can set up an escrow arrangement the same business day. text/html 2011-02-17T11:47:30+10:00 http://www.escrowagent.com.au/doku.php?id=triggers&rev=1297903650&do=diff A trigger or trigger event is the circumstance whereby the customer becomes entitled to access the software source code and associated materials. Our standard agreement ([pdf] / [word]/ html) provides for the release of the software source code and associated materials to the customer when: text/html 2011-03-29T10:32:27+10:00 http://www.escrowagent.com.au/doku.php?id=verification&rev=1301355147&do=diff Most of our customers do not require verification of the software source code and associated materials which are delivered to us. At the end of the day such customers rely upon the developer's integrity supported by a contractually enforceable right to approach a Court and seek an order for, amongst other things, specific performance of the developer's obligation to deliver up a copy of the Software source code and associated materials either based on the escrow agreement or the master agreemen… text/html 2012-02-24T00:24:47+10:00 http://www.escrowagent.com.au/doku.php?id=verification_pricing&rev=1330003487&do=diff Verification Option Description Fees Level 1 We test to confirm the existence of all Software source code and associated materials in a listing provided by the Developer. If no listing is provided then the directory listing found on the deposited media is used. This includes extracting and storing the Software source code and associated materials onto separate magnetic media to that deposited to remove the risk of: (a) media failure; and (b) the supply of defective password. Annu… text/html 2011-03-29T10:27:40+10:00 http://www.escrowagent.com.au/doku.php?id=whatisescrow&rev=1301354860&do=diff Escrow of software source code and associated materials may provide essential protection for customers who wish to continue using their software or have access to various data in the event that the software developer who supplied same ceases to trade. text/html 2011-05-11T10:26:59+10:00 http://www.escrowagent.com.au/doku.php?id=wherearetheescrowmaterialsstored&rev=1305073619&do=diff All software source code and associated materials held by our company are stored in bank vaults located in Sydney and Melbourne CBDs. All access to the software source code and associated materials is subject to a written escrow agreement and controlled and supervised by Steve White. text/html 2011-10-10T06:46:03+10:00 http://www.escrowagent.com.au/doku.php?id=whoisseca&rev=1318189563&do=diff Software Escrow and Copyright Agents Pty Ltd is a company with offices in Melbourne and Sydney which has been proving escrow services to clients located in Australia and overseas for over 20 years. It was founded by Steve White the principal of White SW Computer Law who saw a need for: text/html 2011-05-06T10:45:57+10:00 http://www.escrowagent.com.au/doku.php?id=whydoineedescrow&rev=1304642757&do=diff There are a variety of reasons why escrow may be useful to you. From a developer's perspective we find that it offers small developers the marketing advantage of being able to assure the Customer that should they select the developer then they are covered in case various agreed trigger events occur.