Why Is It Important For Organisations? How Is Team Building

Team building. Despite the fact numerous team building books are published every year, building strong teams continues to be one of the major concerns of all the organizations. Every year organizations spend several thousands inviting resources and experts in this field to train their workforce to strengthen the team spirit within the organization. If this is your concern too, then you are not alone.

When you are working on your skills and goals for creating exceptional teams either by deriving the wisdom from team building books or by attending relevant seminars, you should focus on creating a positive work culture. The question however is why should organizations focus on this factor and on creating a positive work culture when they are actually supposed to be focusing on production, marketing and sales?

The answer is very simple businesses processes such as production, marketing and sales do not happen by themselves but they are outcomes of people's efforts. Inevitably, we have groups of people working on these processes. If these people do not work united as a team then they would be undoing each other's efforts and thereby becoming a self-defeating group.

Team building should therefore be the primary focus of organizations. Further goals could be achieved only after this primary goal is realized and until then, no organization could actually achieve optimal performance levels.

Thankfully today we have access to numerous studies that help managers and team leaders with insights on building teams. Many team building books that elaborately discuss this topic come as resource manuals for the leaders. So if you are struggling to create a positive work culture or build strong teams, you need not despair because you will never run short of resources. You will find all the resources you need online as well as offline.

Once you manage to build a strong team, all the other goals that directly affect the bottom line of your business could be achieved more easily. You will also have a more positive profit-and-loss graph once you have a strong team. When your team is working in tandem operating with a single goal in mind, you can achieve any goal, including the most challenging goals.

It is not without reason companies invest heavily on team building and on creating a positive work culture. You just need to imitate the top organizations in any industry on this goal of building a healthy team and a positive work culture. Benefits of peoples.

Important Is The Render Aesthetic Sense

The clients confidence and approval through his eyes. Well, if I am to be asked eyes make the best of the decisions. Once an object or project, considering the blog context, comes in the contact of your eye you end up forming an opinion about it, right? Well a fully rendered architectural building project makes its own place in the customers' brain via his eyes. Nothing remains unknown about the yet to be constructed structure. This wholeheartedly acceptance of an imaginary building becomes possible only due to the creativity involved in the rendering process.

There are no defined parameters of creativity. It all depends upon the thought process and imagination of the rendered that successfully penetrates the idea of a beautiful structure in the minds of the clients. It's all his or her caliber that creates exceptionally beautiful rendered images and models meant to appeal natural or real to the clients or to anyone who looks at them.

Architectural rendering can be created for both the interior and exterior parts of the building. That means renders' knowledge of how a building should look in real life is not restricted to any specific parts of the structure but the entire building. In other words he should be firm and conversant with the modern interior or exterior decorating techniques. The lack of the understanding of the decorating skills of the rendered can have adverse affect on the sales of the project.

There are huge chances of its being a disaster or failure if it falls short of expressiveness. That means if the rendered model doesn't look original or photo realistic and lacks creativity, the purpose is not fulfilled.

While doing the interior rendering of a building a rendered should be fully aware or wise enough to choose what to add in the room and what to leave. He shouldn't be giving any chance to the clients to raise doubts on his taste. In interior architectural rendering the images of interiors should look like the original photos taken form an existing building.

That is achieved by creating original looking elements in the room such as the room colors should be defined or added according to the rest of the objects present in the room or time of the day. That means the lighting effects are also very crucial. Other things those should be given prominence are shadow effects, object creation such as paintings hanging on the walls, photo frame kept on the side table and a single stool kept on one of the corners of the room etc.

Exterior rendering should also imitate photo realistic visuals or images. The major concentration in exterior rendering is given on the natural elements such as creating flower pots in the lawn, creating a turf in the exteriors, along with right lighting effects and an expressive sky etc.

So when a client is presented with such an image or video they get mesmerized by it. This only happens with the hard work and creativity of the rendered.

Five Important Contract Provisions To Save Your Business

The following five Contract Provisions will undoubtedly help save your business future headaches! While no contract provision can be guaranteed to be enforceable, following some basic principles of use will dramatically increase the odds. Of course, your business won't get any protection without using them in the first place.

1. Warranties

You may or may not want to include specific, express warranties for anything you sell on your website. There is no law requiring you to give any written express warranties to your customers. Although, you can unwittingly make an express warranty through any ads or written materials contained on your website.

But, there are also implied warranties. Certain warranties arise automatically under the law or are "implied" unless they are specifically disclaimed in a written agreement. To avoid the possibility of providing an implied warranty, your contracts must include a disclaimer waving these warranties in a conspicuous manner. A conspicuous manner means that the disclaimer is set off from the rest of the contract by all capital letters, bold type, or a different color. The type cannot be smaller than the surrounding type in the contract.

A written statement regarding the "As-Is" or "With All Faults" nature of the product (or actually disclaiming the implied warranties by name) is sufficient. Internet businesses may use a clearly-labeled hyperlink such as "IMPORTANT WARRANTY INFORMATION" to lead to the full text of any warranty. Also, the warranty should be presented in a way that is capable of being preserved, either by downloading or printing.

Implied warranties could include a warranty of title (seller owns the goods, has the right to sell them, no creditor will interfere with buyer's purchase of the goods, and the goods are free from copyright, trademark, or patent claims of third parties), a warranty of merchantability (goods are reasonably fit for the ordinary purposes for which such goods are used), a warranty of fitness for a particular purpose (seller has reason to know of the purpose for which the goods are bought and knows that the buyer is relying on the skill and judgment of the seller to select the goods) and a warranty arising from course of dealing or trade usage (a court presumes both parties have knowledge of trade custom and presumes that custom is intended to apply to the contract). These warranties apply equally to services and goods.

Not all states will allow you to disclaim all implied warranties if you sell goods online. But, you should still disclaim all implied warranties in writing in your terms of sale. (You should also understand disclaiming implied warranties will not shield your business from liability for any injuries caused by a product sold from your website). Without this provision, the goods or services provided under the contract will be warranted with the express warranties arising from what your company states on its website and with the implied warranties provided under state law. Reducing the uncertainty this creates requires a warranty disclaimer.

2. Limitation of liability & Damages

You may limit or alter the types of damages normally recoverable by your customers. Customers may suffer damages if your business breaches any of the terms of sale with a customer or any warranty or if your business is liable for any product defects that cause any injuries. In those cases, the customer would be allowed to recover damages reasonably foreseeable or "within the contemplation of the parties" at the time of contract formation. This means your customers can suffer "direct damages" or the damages that you would expect to occur from the breach, such as cost to repair or replace a product. However the customer may also suffer "consequential damages" (also sometimes referred to as indirect or "special" damages) which encompass all damages that aren't either direct or incidental damages.

Expenses incurred by your customers in connection with enforcing available remedies are "incidental damages." Any lost profits or revenues suffered because of failure of the product are consequential damages. This is a factual determination that could lead to your customers being able to collect a large amount of damages above and beyond the simple cost or value of the product. If you don't limit your damages contractually, your customers may be entitled to collect any and all foreseeable damages.

TIP! Always limit damages to the cost of the item itself or replacement of the item and also have your customers waive their rights to collect lost profits or any type of incidental or consequential damages!

Not all courts will honor these limitations if they feel they are unfair to the consumer (I.e. "unconscionable"). For instance, limitation of consequential damages for injury to the person in the case of consumer goods is unconscionable on its face, but limitation of damages where the loss is commercial is not. Most courts generally uphold limitations of liability and you should always include them anyways. Damage costs that could be recovered include direct damages, which are damages that are a direct result of what happened, like medical costs or property damage, and indirect damages. Indirect damages are those that are not directly caused by the other party but that are incurred because the party was injured. 

Some states have laws that require a disclaimer of liability in a contract to be conspicuous within the contract to be enforceable. For that reason these provisions should be in all capital formats, bolted, set in a larger font than the surrounding text, or otherwise distinguished from the rest of the contract. You also may want to limit the time frame in which the consumer may bring a claim. This greatly decreases the likelihood of a claim being filed.

3. Include An Attorney's Fees Provision

Always include an Attorney's Fees provision in your terms of sale. This clause creates a right to recover costs and expenses paid by the party that prevails in a contract dispute. The way this clause is worded, the costs and expenses are not limited to those paid in a lawsuit-the costs and expenses incurred in any contract dispute could be recovered. This provision is thought to discourage frivolous lawsuits because the party filing a lawsuit risks payment of the other party's legal costs if the suit is lost.

4. Using Forum Selection Clauses (Venue)

I have had numerous clients ask me about forcing their customers to settle any future disputes in a specific location. This is a type of contractual term known as a "forum selection clause" (or "venue clause"), which more or less binds the parties to litigate in a specific jurisdiction. You can and should use a forum selection clause on your website user and product purchase agreements. They are not illegal and can even be justified from a business standpoint. They are used to avoid costly and frivolous litigation. Since these clauses can be extremely valuable, you should understand how to effectively use them. Assuming the terms were validly accepted and proper notice of the terms was given, these types of provisions generally are just as enforceable as the underlying agreement.

TIP! You must also make sure that "notice" that this specific type of provision exists in the contract is provided to the user. This requirement has been relaxed by the courts quite a bit recently, but I still recommend using bold font, 'all caps' or a larger font for your forum selection clause so it stands out from the rest of the agreement.

Sometimes contractual provisions can overreach and be so unreasonable that they are declared null and void by a court. These are sometimes known as "contracts of adhesion." This type of contract is basically an agreement where one side holds all the bargaining power and uses it to write the contract primarily to his or her advantage. This is really how many Internet businesses improperly use forum selections clauses. Understanding how forum selection clauses might overreach and be unreasonable is obviously very important to your Internet business. Basically, the courts won't automatically honor provisions that require the consumer to waive some right.

An unreasonable forum selection clause may also violate publi

c policy. This typically occurs when a particular state has a strong interest in regulating a particular industry or in protecting a certain class of persons. State courts have various approaches in determining the enforceability of forum selection provisions. If a party opposing the forum selection can demonstrate extreme inconvenience that was not foreseeable at the time the provision was negotiated, some states will reject it. But, usually the opposing party has to show that a heavy burden would be imposed if they were to litigate in that forum.

Additionally, for a forum selection clause to be upheld, the parties must use language clearly indicating that the forum selection clause excludes all other courts in hearing any potential dispute. A few states refuse to enforce forum selection provisions altogether (such as Idaho and Montana) while others limit enforcement with respect to certain types of contracts.

The following case summaries illustrate some of these principles:

Fee v. Expedia Inc.- Zachary Fee sued Expedia, which operates the travel website Hotels.com, for deceptive trade practices. Fee alleged that Hotels.com switched the plaintiff's paid reservation from a four-star hotel to a three-and-one-half star hotel. Fee brought the lawsuit in the state of Kansas. But, he agreed to a forum selection clause contained in the click-wrap agreement that required all suits to be filed in Texas. The Kansas court dismissed Fee's lawsuit since the click-wrap agreement on hotels.com required Fee's lawsuit to be brought in Texas, not in the state of Kansas. The forum selection clause used by Expedia was simple and straightforward and only required that all claims basically be heard in the State of Texas. 

Olmsted v. Dell-The plaintiff brought a class action lawsuit in California against Dell, Inc. The plaintiff asserted that Dell designed, manufactured and sold defective notebook computers in violation of California consumer protection laws. Dell's website required purchasers to accept a click-wrap agreement that contained a forum selection clause. This clause required all lawsuits against Dell to be filed in the State of Texas, but it also required consumers to waive their right to bring a class action suit against Dell for any reason. The California court refused to enforce Dell's forum selection clause. The difference in this case is that Dell not only required consumers to litigate in Texas, but the company's click-wrap agreement also required consumers to give up a fundamental right to sue as class action litigants. The court found this to be overreaching. 

5. Choice of Law provisions

Choice of law provisions usually also accompany forum selection clauses. They really go hand in hand, although choice of law provisions can stand alone. This type of provision specifies that the laws of a certain jurisdiction must be applied by the court hearing any dispute. The particular court hearing the dispute will apply the law of the state the court is located in (the forum) unless there is some conflict, such as when an out-of-state consumer sues an Internet business. The court may also apply a different state's law if the contract calls for specific laws to be followed. 

Modern courts follow the rule articulated in the Restatement (Second) of the Conflicts of Laws. It provides that choice of law provisions are presumptively enforceable as long as there is some relationship between the transaction and the state's law that would govern, or by another reasonable basis for choosing a particular states' laws. 

The Restatement basically recognizes there should be no limitation on the power of the parties to incorporate foreign law into their contracts. Under Section 187(2), the express choice-of-law made by the parties is still recognized "even if the particular issue is one, which the parties could not have resolved, by an explicit provision in their agreement directed to that issue." But, there are three exceptions to Section 187(2). First, the chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties' choice. Second, misrepresentation, duress, undue influence, or mistake secured the consent of one of the parties to the inclusion of the provision. Third, application of the state's law chosen would be contrary to a fundamental policy of the state that would be able to apply its own law but for the choice-of-law provision. 

Besides the Restatement, the Uniform Commercial Code (UCC) also allows the parties to a commercial contract to choose the applicable state law, so long as the transaction "bears a reasonable relation" to the state chosen. See UCC Section 1-105. (The UCC is followed in some form in all 50 states). Thus, the general law in the U.S. is that parties to a contract may choose the law of a particular state to govern the contract, and that the courts will uphold the choice. 

TIP! Most businesses online should simply require disputes to be heard under the laws of the state they are physically located. This is valid since there is already a relationship with the state. Also, selecting the laws of your home state is advantageous since your business is operating under these laws already. If no state law is designated, a court will typically interpret the agreement under the laws of the state where either party is located, or where the contract was performed or signed. 

 

Forum Selection/Choice of Law Lessons:

1. Always use forum selection clauses to avoid frivolous and costly litigation in some distant state;

2. Keep your forum selection clause simple. Don't restrict "fundamental" consumer rights, such as a consumer's right to initiate a claim against your business or initiate or join a class action suit;

3. A straightforward clause selecting the forum for any potential litigation and the choice of law should be simply used and no more. The language should be simple, yet crystal clear and should state the chosen forum is the exclusive forum that any and all disputes would be heard;

4. Finally, there is no guarantee any forum selection clause you use will be upheld. As stated, even if it isn't
unreasonable, the clause may violate the public policy of some state.

This article was written by Philip A. Nicolosi, J.D. Mr. Nicolosi provides legal services through his law firm, Phil Nicolosi Law, P.C., focusing on startup and small business law, Internet & technology law and commercial transactions. 

Mr. Nicolosi serves as a trusted advisor to numerous start-up and small to medium sized businesses. This includes representation for a wide range of business law matters including business organization, corporate/LLC governance, regulatory law, contracts and transactions and most other matters outside of litigation. Mr. Nicolosi provides guidance with e-commerce, Internet marketing and technology-related legal matters. 

Most Important Assets To A Company

The business compete with other firms you have to find a way to beat them in terms of cost and productivity. The easiest way to sustain your own business while beating others is to take a look at all the assets and money you are spending and see how you can lower them while increasing their performance.

Workers

These are the most expensive investments that you will make. When you are going to hire employees you want to find a way to make sure that they are productive and working how you want to them to be. Always keep tabs on what they are doing and you can include in the contract to have regular checkups to make sure they are being productive and not slacking around.

In the situation that you have many employees then you would have to have a system to manage their performance. You can give your employees bonus money if they perform well. Another thing that occurs a lot is a specific mark that they have to meet each week or month. This usually happens in markets where they are trying to sell a product or service. Therefore this might not be the best method to implement for everyone.

If you have a large computer system you can also add in monitoring systems on the computer and see what your workers are doing at all times. Different software are also good at increasing performance by integrating systems and machines together to help them

Investments in Technology

These kinds of investments tend to have a high first time investment and then smaller investments for upgrades and such things later on. If you are in an office the investments will be with computers, software, printers, faxing machines and others. Once you get these you can usually use them for long periods of time. Support and maintenance usually will cost a small fraction of the original purchasing price.

Furniture Investment

Every company needs chairs, tables, closets and even cubicles. The majority of people need these to have a proper working environment. Furnishing your company is an expensive task, however once you do so, the furniture can last many years without having to replace them.

Out of the three that we have discussed in this article, workers take up the most value in terms of expenditures in assets.

Accurate Payroll In An Organization

Main step of One of the most important parts of running a company is having accurate payroll. Because employees are the oil that lubricates the machine of your organization, keeping their paychecks flawless will keep that oil flowing. Not only that, it will keep the internal revenue service and your certified public accountant from having a meltdown, as well.

Employees work for money 99% of the time. There may be an occasional millionaire who does it because he or she believes in your product or service, but let's face it: people need money to live and that's why they get jobs. Your workers may love you and be loyal to your company but if you mess with their paychecks, they're going to be unhappy campers. This means that you have to pay them a fair salary, get the payroll done on time, and take out the exact amount of taxes. Because the tax part can be complicated and the rules change every year, it's best to hire an accounting service to help you with this detail.

The Internal Revenue Service is a worthy organization that does its part for our country. But let's face it; the people who work there are not exactly laid back. They don't like the "good enough" method of adding and subtracting. No, they are exacting types who thrive on accuracy. Even a penny off the mark when you pay your taxes is "wrong." If you botch your payroll taxes, you will be getting an angry letter or knock on your door until you remedy the situation. Part of the remedy will be paying fines which can add up to substantial amounts. A visit from the IRS agent is not a pleasant experience.

Having flawless payroll is a must when running a business. Calculating taxes and paying your hardworking employees the correct amounts are crucial tasks. If you want to keep your workers happy, the IRS off your company's back, and your certified public account smiling, hire an accounting service that specializes in bookkeeping. The budget allocation for this expense will be more than offset by peace of mind and smooth financial sailing for your company.Achievement and smooth running business accurate payroll is very important.