https://escrowagent.com.au/ 2026-04-09T20:01:26+00:00 https://escrowagent.com.au/ https://escrowagent.com.au/lib/tpl/dokuwiki/images/favicon.ico text/html 2017-07-30T08:04:38+00:00 https://escrowagent.com.au/doku.php?id=additional_trigger_events&rev=1501401878&do=diff Additional Trigger Events 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 include: * a breach of the Master Agreement by the text/html 2017-07-30T08:04:38+00:00 https://escrowagent.com.au/doku.php?id=addresses&rev=1501401878&do=diff Our Addresses Melbourne:Sydney:Postal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 419, 838 Collins Street, MELBOURNE VIC 3008 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000 text/html 2017-07-30T08:04:38+00:00 https://escrowagent.com.au/doku.php?id=aws&rev=1501401878&do=diff Customised ASW Escrow Solutions Many of our clients have existing infrastructure with AWS. We have extensive experience in working with our clients to provide an AWS solution which meets their requirements. The key advantage of course being the state of the art internal data transmission rates and security offered by AWS on such solutions which ideally suits large datasets and frequent updates. text/html 2017-07-30T08:04:38+00:00 https://escrowagent.com.au/doku.php?id=cases&rev=1501401878&do=diff Cases Involving Electronic Evidence * Preliminary Discovery text/html 2017-07-30T08:04:38+00:00 https://escrowagent.com.au/doku.php?id=cash&rev=1501401878&do=diff Cash Escrow Sometimes our clients require us to escrow cash and release same to a third party at specified times during a transaction. Those times can be the delivery of milestone, asset or password (including domain name passwords) or the expiration of a warranty or claims period. text/html 2017-07-30T08:04:38+00:00 https://escrowagent.com.au/doku.php?id=clauses&rev=1501401878&do=diff Sample Escrow Clauses 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 text/html 2017-07-30T08:04:39+00:00 https://escrowagent.com.au/doku.php?id=contracts&rev=1501401879&do=diff Execution of Escrow Agreements People executing an escrow agreement do not need to be a directors, secretaries or the CEO/Managing Director of the company. They simply need to be authorised to execute the escrow agreement. However, sometimes it can be useful to rely on the methods found in text/html 2019-03-12T00:48:40+00:00 https://escrowagent.com.au/doku.php?id=costs&rev=1552351720&do=diff Discounts are available for terms longer than one year with fees still paid annually. Please send us an email for a quote text/html 2017-07-30T08:04:39+00:00 https://escrowagent.com.au/doku.php?id=customer&rev=1501401879&do=diff Customer 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 2017-07-30T08:04:39+00:00 https://escrowagent.com.au/doku.php?id=datarooms&rev=1501401879&do=diff Data Rooms Having software in escrow can be a wise move for both vendor and purchaser. In addition to providing a historical third party record of source code and documents it provides an opportunity for independent verification of materials. Some clients like to further involve us in the merger and acquisition process and use our data room services. text/html 2017-07-30T08:04:39+00:00 https://escrowagent.com.au/doku.php?id=deposits.181019&rev=1501401879&do=diff ~70% of deposits use this method text/html 2018-10-19T04:35:18+00:00 https://escrowagent.com.au/doku.php?id=deposits&rev=1539923718&do=diff ~50% of deposits use this method text/html 2017-07-30T08:04:39+00:00 https://escrowagent.com.au/doku.php?id=electronicexchange&rev=1501401879&do=diff Can I send Software Escrow and Copyright Agents scanned copies of signed escrow agreements? 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. text/html 2017-07-30T08:04:39+00:00 https://escrowagent.com.au/doku.php?id=forensic&rev=1501401879&do=diff Expert Witness & Forensic Services Our Steve White is often required to supply expert evidence in legal proceeding and has supplied such evidence for the Federal Court, the Supreme Court of New South Wales and Victoria and the Magistrates Court in commercial and criminal matters. text/html 2017-07-30T08:04:40+00:00 https://escrowagent.com.au/doku.php?id=gitctext&rev=1501401880&do=diff text/html 2019-03-12T00:46:54+00:00 https://escrowagent.com.au/doku.php?id=government&rev=1552351614&do=diff Please note that these are third party links and hence they change from time to time understandably without notice to us. We are constantly updating same. Please email us if one does not work and we will fix same. Thank you for your patience text/html 2017-07-30T08:04:40+00:00 https://escrowagent.com.au/doku.php?id=here&rev=1501401880&do=diff Source Code Deposits 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. text/html 2017-07-30T08:04:40+00:00 https://escrowagent.com.au/doku.php?id=howisaccesstotheescrowmaterialscontrolled&rev=1501401880&do=diff How is access to escrow materials controlled? 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 2017-07-30T08:04:40+00:00 https://escrowagent.com.au/doku.php?id=insolvency_administration&rev=1501401880&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 2017-07-30T08:04:40+00:00 https://escrowagent.com.au/doku.php?id=legalagreements&rev=1501401880&do=diff Who prepares our escrow agreements? 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 2017-07-30T08:04:40+00:00 https://escrowagent.com.au/doku.php?id=links&rev=1501401880&do=diff Escrow related links Related Organisations * White SW Computer Law - Information Technology, Intellectual Property & Telecommunications Lawyers * Technology Arbitrators & Mediators - Mediation Services * Technology Arbitrators & Mediators - Expert Determination Services * Technology Arbitrators & Mediators - Arbitration Services External Links * Australian Institute for Commercialisation * Escrow Agreements for Software As a Service – are they worth the paper they are writt… text/html 2017-07-30T08:04:40+00:00 https://escrowagent.com.au/doku.php?id=master_agreement&rev=1501401880&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; text/html 2017-07-30T08:04:41+00:00 https://escrowagent.com.au/doku.php?id=materials&rev=1501401881&do=diff Source Code and other materials frequently deposited into escrow 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. text/html 2017-07-30T08:04:41+00:00 https://escrowagent.com.au/doku.php?id=media&rev=1501401881&do=diff What sort of lifespan can you expect on media before it degrades? * 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? * … text/html 2017-07-30T08:04:41+00:00 https://escrowagent.com.au/doku.php?id=overseas_escrow_clients&rev=1501401881&do=diff Where are our customers located? 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 2017-07-30T08:04:41+00:00 https://escrowagent.com.au/doku.php?id=reseller&rev=1501401881&do=diff Reseller Program 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 text/html 2017-07-30T08:04:41+00:00 https://escrowagent.com.au/doku.php?id=resellerescrowagreement&rev=1501401881&do=diff text/html 2017-07-30T08:04:41+00:00 https://escrowagent.com.au/doku.php?id=sidebar&rev=1501401881&do=diff About us * Who is SECA? * What is escrow? * Why do I need escrow? * Our office locations * Who prepares SECA's agreements? Establishing an escrow agreement * SECA's standard escrow agreement [pdf] / [word]/ html * Outline of setup process * Executing an escrow agreement * Setup time-frame * Fees * Electronic document exchange * Release Events * International customers Escrow materials * Depositing materials * Types of materials we hold * Lifespan and degrada… text/html 2017-07-30T08:04:41+00:00 https://escrowagent.com.au/doku.php?id=standardescrowagreement&rev=1501401881&do=diff text/html 2019-03-12T01:06:08+00:00 https://escrowagent.com.au/doku.php?id=start&rev=1552352768&do=diff Who is Software Escrow and Copyright Agents Pty Ltd? Software Escrow and Copyright Agents Pty Ltd is a company with offices in Melbourne and Sydney which has been providing escrow services to clients located in Australia and overseas for over 25 years. It was founded by Steve White who saw a need for text/html 2017-07-30T08:04:42+00:00 https://escrowagent.com.au/doku.php?id=steps&rev=1501401882&do=diff Steps to proceed with an Escrow Arrangement * 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 text/html 2017-07-30T08:04:42+00:00 https://escrowagent.com.au/doku.php?id=supplier&rev=1501401882&do=diff Supplier 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 2017-07-30T08:04:42+00:00 https://escrowagent.com.au/doku.php?id=timings&rev=1501401882&do=diff How long does it take to set up an escrow agreement? By using electronically signed and scanned agreements SECA can set up an escrow agreement the same business day. text/html 2017-07-30T08:04:42+00:00 https://escrowagent.com.au/doku.php?id=triggers&rev=1501401882&do=diff clause 11.1(b) text/html 2017-07-30T08:04:42+00:00 https://escrowagent.com.au/doku.php?id=verification&rev=1501401882&do=diff Verification Many of our customers do not require verification of the software source code and associated materials which are delivered to us. They 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 or the administrator's obligation to deliver up a copy of the text/html 2018-08-01T01:42:28+00:00 https://escrowagent.com.au/doku.php?id=verification_pricing&rev=1533087748&do=diff Software Verification Fees and Services Schedule at at 1 August 2018 Verification Option Description Fees Level 1 This includes: (a) extracting all Escrow Materials (including removing recursive compression); and text/html 2017-07-30T08:04:43+00:00 https://escrowagent.com.au/doku.php?id=whatisescrow&rev=1501401883&do=diff What is Escrow? 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. It involves the software developer providing an independent third party (us) with copies of the text/html 2017-07-30T08:04:43+00:00 https://escrowagent.com.au/doku.php?id=wherearetheescrowmaterialsstored&rev=1501401883&do=diff Where are the escrow materials stored? All software source code and associated materials held by our company are stored in bank vaults located in Sydney and Melbourne CBDs. How is access to the escrow materials controlled? All access to the software source code and associated materials is subject to a written escrow agreement and controlled and supervised by text/html 2017-07-30T08:04:43+00:00 https://escrowagent.com.au/doku.php?id=whoisseca&rev=1501401883&do=diff Who is Software Escrow and Copyright Agents Pty Ltd? 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 text/html 2017-07-30T08:04:43+00:00 https://escrowagent.com.au/doku.php?id=whydoineedescrow&rev=1501401883&do=diff Why do I need escrow? 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