The West Virginia Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software is a legal document that outlines the terms and conditions between a licensor and a dealer in West Virginia, specifically related to the sale of computers, internet services, or software. This agreement serves as a binding contract that protects both parties and ensures a smooth business relationship. Key provisions typically included in a West Virginia Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software may include: 1. Parties involved: This section identifies the licensor and the dealer participating in the agreement. It includes their legal names, contact details, and other relevant information. 2. Product description: Here, the agreement specifies the nature of the product(s) being sold, which can include computers, internet services, software, or any combination thereof. It may detail the specific models, versions, or features of the products. 3. Territory and exclusivity: This section outlines the geographical territory where the dealer has the right to sell the products. It may also indicate if the dealer has an exclusive right to sell within that territory, preventing the licensor from engaging with other dealers in the same area. 4. Grant of license: The agreement details the terms of the license for the use and distribution of the licensed products. It specifies the duration of the license, any limitations or restrictions on the use, and any necessary certifications or qualifications the dealer must possess. 5. Pricing and payment terms: This section covers the pricing structure for the licensed products, including wholesale prices, suggested retail prices, and any discounts or incentives offered to the dealer. It also outlines the payment terms, such as payment methods, due dates, and any late-payment penalties or interest charges. 6. Marketing and promotion: The agreement may outline the licensor's expectations regarding marketing and promotional efforts by the dealer. It may include requirements for branding, advertising materials, online presence, and participation in trade shows or exhibitions. 7. Training and support: This section addresses any training or support services the licensor will provide to the dealer. It may cover product demonstrations, technical support, updates or upgrades, and training programs to ensure the dealer's knowledge and expertise. 8. Intellectual property rights: The agreement addresses the ownership and protection of intellectual property rights associated with the licensed products. It outlines the rights and restrictions related to trademarks, copyrights, patents, or trade secrets owned by the licensor or the dealer. 9. Term and termination: This section specifies the duration of the agreement and the conditions under which either party can terminate the agreement. It may include provisions for termination due to breach of contract, insolvency, or other unforeseen circumstances. Some specific types of West Virginia Agreements between Licensor and Dealer for Sale of Computers, Internet Services, or Software may include: 1. West Virginia Exclusive Dealership Agreement for Computer Sales: This agreement grants an exclusive license to the dealer to sell the licensor's computers within a specified territory. 2. West Virginia Software Reseller Agreement: This agreement allows the dealer to sell software products developed or owned by the licensor, outlining the terms, pricing, and any restrictions related to the software sales. 3. West Virginia Internet Service Provider (ISP) Agreement: This agreement establishes a partnership between the licensor and the dealer, where the dealer resells internet services provided by the licensor to end customers within a designated service area. In conclusion, the West Virginia Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software acts as a comprehensive legal framework governing the relationship between a licensor and a dealer engaged in the sale of computers, internet services, or software. It covers various aspects, including product description, territory, pricing, marketing, training, intellectual property, and termination. Different types of agreements may exist, such as exclusive dealership agreements, software reseller agreements, or internet service provider agreements.
West Virginia Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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How to fill out West Virginia Agreement Between Licensor And Dealer For Sale Of Computers, Internet Services, Or Software?
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FAQ
The following sales and services are exempt per se from sales/use tax in West Virginia: 27a2 Advertising - Sales of radio or television broadcasting time, preprinted advertising circulars and outdoor advertising space, newspaper and magazine advertising space for the advertisement of goods or services.
Remote seller means a person selling tangible personal property and/or services for delivery in West Virginia who does not have a physical presence in West Virginia and who has not voluntarily agreed to collect West Virginia sales and use taxes.
"Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In West Virginia, services are taxable unless specifically exempted.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
Sales of digital products are exempt from the sales tax in West Virginia.
Charges for services generally are exempt from the retail sales and use tax. However, services provided in connection with sales of tangible personal property are taxable.
Traditional Goods or Services Goods that are subject to sales tax in West Virginia include physical property, like furniture, home appliances, and motor vehicles. The purchase of prescription medicine, groceries and gasoline are tax-exempt.
The sales of digital photographs electronically transferred to your customers are subject to tax when you provide your customer a tangible form of the photograph, such as a print, negative, or tangible storage medium such as a CD or flash drive.
West Virginia does not require businesses to collect sales tax on the sale of digital goods or services. However, West Virginia has one exception to this policy. Businesses must collect sales tax on pre-written computer software that is sold online.