North Carolina Software Sales Agreement

State:
Multi-State
Control #:
US-13056BG
Format:
Word; 
Rich Text
Instant download

Description

This sample form, a detailed Software Sales Agreement document, is for use in the computer, internet and/or software industries.

The North Carolina Software Sales Agreement is a legally binding contract that outlines the terms and conditions of the sale and purchase of software products in the state of North Carolina. This agreement is essential for safeguarding the rights and obligations of both software vendors and purchasers. The North Carolina Software Sales Agreement addresses various aspects, including the specifics of the software product being sold, payment terms, license terms, warranties, intellectual property rights, and limitations of liability. It elucidates the rights and responsibilities of both parties, ensuring a clear understanding and preventing any potential disputes. There are different types of North Carolina Software Sales Agreements, tailored for different purposes or specific software products. Some common examples include: 1. Standard Software Sales Agreement: This is a general agreement used for selling off-the-shelf software products, typically developed for a broader customer base. It covers standard terms and conditions relevant to the sale of software. 2. Custom Software Sales Agreement: This agreement is suitable when software is developed specifically for a particular customer or organization. It includes provisions for customization, development milestones, and ownership of intellectual property. 3. Software License Agreement: Sometimes referred to as an End-User License Agreement (EULA), this type of agreement governs the granting of user rights to the software, including restrictions on the use, copying, modification, or redistribution of the software. 4. Software Maintenance Agreement: This agreement outlines the terms and scope of software maintenance and support services provided to customers after the initial sale, such as bug fixes, updates, or technical assistance. 5. Software Subscription Agreement: This type of agreement establishes the terms of a software subscription model, where customers pay recurring fees to access and use the software for a specified period. It outlines payment terms, subscription duration, and termination clauses. To ensure the effectiveness and enforceability of a North Carolina Software Sales Agreement, it is advisable to consult with a legal professional familiar with software sales and North Carolina state laws. This will guarantee that the agreement meets all legal requirements and adequately protects the rights and interests of both parties involved.

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FAQ

In the state of North Carolina, only computer software which meets certain descriptions is considered to be exempt. Sales of custom software - delivered on tangible media are exempt from the sales tax in North Carolina. Sales of custom software - downloaded are exempt from the sales tax in North Carolina.

Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.

But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.

Online educational content is exempt from North Carolina sales tax.

The North Carolina Department of Revenue issued a private letter ruling, concluding that subscription fees for a Software as a Service (SaaS) product are non-taxable.

In North Carolina, Gross Receipts Tax is an Excise Tax. Excise Tax is defined by the Internal Revenue Service as taxes paid when purchases are made on a specific good. A specific good can be: A prepared food, or a prepared beverage.

Effective March 1, 2016, N.C. imposes a sales tax on repair, maintenance, and installation services. Optional computer software maintenance contracts with respect to prewritten software that only provide support services that meet the definition of repair, maintenance, and installation services are fully taxable,

North Carolina generally does not require sales tax on Software-as-a-Service.

The sales price of or the gross receipts derived from a service contract sold at retail is subject to the general 4.75% State, applicable local (2.00% or 2.25%), and applicable transit (0.50%) rates of sales and use tax. Service contracts are taxed in accordance with N.C. Gen. Stat. § 105-164.4I.

Prescription Medicine, groceries, and gasoline are all tax-exempt. Some services in North Carolina are subject to sales tax.

More info

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North Carolina Software Sales Agreement