You are a business leader and understand the value of a lifetime customer. Whether you have a subscription business or function on one-time sales, continuing to reinforce your value is a must. The best way to build value while minimizing cost to you? Technology. Software. Plain and simple. Great customer service is a glorious thing, but when you can add tangible products with obvious functionality, your clients won’t question why they stick with you. Be the hip company that reminds your clients that you are the cutting edge company - and those stinkin Bieber-loving kids have nothing on you. Here are a few ways you can ensure your customers understand that they are making the right decision by working with you.   Give ‘em an Exceptional Website It’s pretty obvious that you can’t screw up a client’s website and you need to do an adequate job - but I’m not talking about adequate. Make sure your client’s website is boss. Sharp, neat, and so thoughtfully organized it’s easy to find information. Don’t forget to include responsive and mobile friendly design, rich with features and compatible with the latest technology and social media platforms. You don’t want to provide a single website where users are second guessing navigation. Think of a sharp website like a sharp suit. It’s your first impression of someone you want to do business with, and if every piece of your client’s appearance is well put together - you have proven you are one attractive firm people want to do business with.   Mobile Apps Mobile apps, mobile apps, and oh, did I mention? Mobile apps. You have the burden of proof that you are an innovative company to work with, are consistently on top of your game, and know what technology is most utilized in today’s market. A short 5 years ago mobile apps weren’t nearly the rage that they are today. However Internet users and business professionals alike are increasingly using their phones to get their jobs done, and need your help to do so. While responsive design is a step in the right direction, providing a downloadable app - for both iOS and Android - reminds your clients that you are the knowledgeable company to trust and do business with.   Google Glass App Google glass and other wearables are a crazy new bit of technology. And by crazy I mean mind-bogglingly innovative and something you need to understand and offer to your clients. It can be intimidating and a little weird, but HEY. Remember that you must be the cutting edge company and who isn’t afraid to embrace the newest technology. Building an app compatible with your savviest clients proves that you are not only interested in new technology, you embrace it and are championing ways to use it to their benefit.   Lightning Speed Development No one wants to wait – ever. When was the last time you actually sat through a commercial when watching TV? Probably the Super Bowl, and probably won’t again until the next one. Using the same logic, your clients don’t want to wait around on a slow development team to complete specifications. The more time passes, the less you proof you have your act together, and the less your clients will enjoy working with you. Pick up the pace and exceed expectations.   Demonstrate Technical Expertise The reason your clients hire you is because they don’t necessarily know what they are doing. While you may not be in charge of writing code or designing websites, it is important to surround yourself with the best professionals who do. By doing so your clients will know that you take them and their time seriously, and don’t bother dealing with amateurs. You know you are the best out there. But adding value for your clients starts with working with the right companies with proven experience. We can help.  

This article by Hunter Jensen, CEO of Barefoot Solutions, was originally published in the April 2008 edition of PHP Architect, a print magazine for PHP Professionals. It is the third article in a five part series on some of the different legal issues surrounding the web development industry. As a PHP programmer, if you have ever worked on a project that is even remotely interesting, then surely you have come into contact with a Nondisclosure Agreement (NDA). If you have ever been employed in a medium to large sized company, then quite possibly you have been presented with a Noncompete Agreement. It is vitally important to your career that before you sign these documents, you understand the implications they may have on your future endeavors. In a field that thrives on new ideas and rapid innovation, Nondisclosure and Noncompete Agreements have become major players in the competitive landscape of high tech industries. Companies and entrepreneurs feel compelled to protect their ideas while still having the need to share them with others. To solve this conflict of interest, many will require signed NDAs and/or Noncompetes before disclosing any trade secrets. One such proponent of NDAs is Sabeer Bhatia, the founder of Hotmail. Over the course of two years he collected over 400 NDAs from his friends, family, and employees – basically anyone that knew about his startup. He believes that his secrecy resulted in a significant head start on the competition, and in 1997 he sold Hotmail to Microsoft for $400 million. This article will not be discussing how to draft NDAs and Noncompetes. You can go your whole career without the need to draft either of these documents. If you do have the need, I suggest you hire an attorney. What it will discuss is how to react when approached with these documents. When is it appropriate to sign an NDA? A Noncompete? What should I look for in each? What are some pitfalls to avoid? At the very least it should give you the confidence to read, understand, and make a decision on whether or not to sign one of these documents. Do not forget, you do not have to be a lawyer to understand legal documents, and nearly all contracts are negotiable. NDAs – Secrets, Secrets are no fun A Nondisclosure Agreement – also known as a Confidentiality or Secrecy Agreement – is a contract between at least two parties in which they agree to protect confidential information that is disclosed during the course of business. The two necessary parties are the Discloser and the Recipient. The Discloser is the party who originally possesses the confidential information. They disclose this information to the Recipient, who agrees to protect it in accordance with the terms of the agreement. In the programming world, confidential information can be any number of things including: general business ideas, code, database schemas, documentation, development tools and techniques, business processes and much more. There are many different circumstances which could involve you being presented with an NDA. I am the owner of a Web development firm that focuses a good portion of our resources on startups. Often I am approached by entrepreneurs who would like me to provide a quote to build a Web application based on what they consider to be an innovative or bleeding edge idea. Understandably, they are uneasy with just disclosing their idea to me and my company. With our resources, we could surely be first and best to market if we were to try and poach their idea. So before they disclose any confidential information, they will send over an NDA for me to sign. This is a perfectly normal part of doing business, and I have signed several dozen NDAs over the last few years. As a programmer doing contract work, some business owners will require a signed NDA before giving you access to their code, schemas, or other technical information. Also, it is very common to sign an employment agreement which includes a nondisclosure clause. In these and other situations, it is quite often appropriate to sign an NDA. What is important is that you carefully examine the document, and make any changes that you need before you sign anything. Remember, with a little knowledge, contracts are both understandable and negotiable. So what should you look for when examining a Nondisclosure Agreement? The clauses with major implications include the definition of confidential information, the exclusions of confidential information and the disclosure obligations and terms. Any NDA should carefully define the nature of the confidential information that is being disclosed. This must be done without actually disclosing the information however, so it is generally described categorically. For instance, an agreement may include: PHP code, database schemas, and unique development processes. As the recipient, it is important that the definitions are not too broad, and are limited to what you actually may be receiving. Something like all business related information is too broad and should be avoided. More important than the definition of confidential information are the exclusions of confidential information. Sometimes the best way to describe something is by describing what it is not. This is a list of situations in which information cannot be considered confidential. Usually the list will include situations where: The recipient had prior knowledge of the information The recipient gained the information independently or from other resources The information is available to the public This ensures that you do not sign away your right to share your own knowledge to others. The final important clause of an NDA is the disclosure obligations and terms. This section outlines the obligations a Recipient has to protect the confidential information and permissible reasons for disclosure. In my situation, I often need to consult my programmers and graphic designers in order to provide an accurate quote. So if I sign an NDA it is important that I be allowed to communicate. Some common ways of structuring these terms include: Requiring that the Recipient use all ‘best efforts’ to maintain the confidentiality Defining a purpose, such as providing a web development quote, and allowing disclosure only to fulfill that purpose Requiring that the Recipient disclose only on a ‘need to know’ basis Requiring that the Recipient protect this information similar to the way they protect their own confidential information And always, allowing disclosure if the information is requested by a government agency or court of law. These terms are important to allow disclosure when it is truly necessary, whether for business or protection from legal sanctions. Finally, a few minor points to make note of in an NDA include the term of the agreement and the right to receive an injunction. Be sure that the term is of a reasonable length; one to five years is common. Also, it is standard that the Discloser has the right to receive an injunction if the terms of the agreement are breached. However, be wary of any other relief options like attorney’s fees. The last thing you need is to pay for someone to sue you. Noncompete Agreements – The NDA’s Ugly Stepsister While an NDA is fairly common and can be approached with little trepidation, Noncompete clauses are less common and must be approached much more carefully. A Noncompete Agreement – also known as a Covenant not to Compete – is a contract, generally between an employer and employee, that restricts the employee from working in any related business for a certain length of time after termination of employment. The purpose is to protect the employer from training an employee in all of the trade secrets and practices of a business just to have the employee turn around and work for a direct competitor, or start their own competing business. For instance, suppose an existing search engine hired you as a programmer and gave you access to all of their code and procedures. After a year, you were unhappy with your job and felt you could create a better search engine on your own. Your employer would not want you to be able to start your own competing search engine, using all of the tricks of the trade learned during the course of your employment. As such, they would have required that you sign a Noncompete Agreement before you began your employment. Unlike the NDA, there are only a few situations where it would be appropriate for a PHP programmer to sign a Noncompete Agreement. The most common circumstances would involve a Noncompete clause in an employment agreement. Even in that situation, the job should be in a specialized industry, not just general programming. Be wary of others sneaking Noncompete clauses into agreements like NDAs, Independent Contractor Agreements, or Employment Contracts. As always, be sure to fully read any document before you sign it. On more than one occasion, I have had an entrepreneur try to include a Noncompete clause into a document titled, “Nondisclosure Agreement” or “Independent Contractor Agreement”. In those specific instances, I do not think there was malicious intent. Instead, I just think the entrepreneurs included the clause out of ignorance. Regardless, I did not and would never sign a Noncompete in that situation. These clauses are generally fairly straight forward, and as such there is not too much to look out for in the language itself. Most importantly, be sure that the duration of the agreement is reasonable. These vary from area to area and industry to industry, but somewhere between two and five years is a reasonable amount of time. Ten years ago, geography was an important factor in a Noncompete Agreement. Most limited employees from working in a competing business within a certain distance from the employer. For instance, if I sold dolls in Virginia, I would not want my former employee to sell dolls in Virginia. But if he wanted to sell dolls in California, I doubt he would be serious competition, so that would be allowed in my Noncompete clause. Given the current technology however, geography is often not included in Noncompete clauses. If I sell dolls in Virginia, and I have a website, then I sell dolls in California too. While there is not too much in the language to look out for, there are certainly a lot of other extenuating factors to consider before signing a Noncompete Agreement. First, it is important to note that enforcement of Noncompetes differs greatly from area to area. In the U.S., each state has its own policy and precedents concerning the enforcement of a Noncompete. For instance, Michigan has a history of enforcing Noncompete agreements, while they are generally thrown out in California. Some have argued that the unenforceability of Noncompetes in California is what helped lead to the success of Silicon Valley as a technology startup haven, while other areas remain much less successful. The ability of bright young employees to jump from company to company and share knowledge allowed Silicon Valley to thrive at a much faster pace than would be possible if these employees were mired by Noncompete Agreements. Another important facet to consider before signing a Noncompete Agreement is how this factors into your overall employment situation. As a potential employee, it is important that you include this in your decision just as you would the salary and benefits. It also could give you leverage during your contract negotiation. Not being able to work elsewhere in the industry could be a major detractor, so perhaps the employer can provide something to help account for this. Further, some employees are approached with a Noncompete after they have signed their initial employment agreement. This is common in the case of startups that bring on their first employees before hiring an attorney. If you are in this situation, it is important to realize that many states require that the employee benefit from signing a Noncompete. For instance, signing the agreement could be coupled with a raise in salary, a bonus, or better benefits. Because you are forfeiting some of your rights, most courts agree that it is only fair to receive something in return. In Wisconsin however, precedent has shown that not being fired is considered a benefit. So, an employer in Wisconsin could tell you to sign a Noncompete or you will lose your job, and be within the law. Once again, this is different from area to area, and it is important to consult a local attorney to review your agreements. Finally, let us suppose that you sign a Noncompete and eventually choose to leave that job. When applying for a new job, it is important that you disclose to the potential employer that you have previously signed a Noncompete. The employer could be vulnerable to a lawsuit by hiring an employee that is in violation of a Noncompete Agreement. Not disclosing this information would certainly be grounds for firing if the new employer were to find out, or even worse, get sued by your former employer. The Last Word Unfortunately, NDAs and Noncompetes are a part of the business we have chosen. We are forced to navigate carefully and sign only when necessary. Armed with a little knowledge, these legal documents are understandable and negotiable. If you have any doubts however, particularly with Noncompete Agreements, be sure to consult an attorney before signing anything.

So you built, or want to build, an app. Obviously the creation of a successful app involves many moving parts and a multitude of steps. The research, planning, hours and effort required add up to a helluva process - but that’s only half the battle. To fully bring your idea to life there is an important final touch you can’t forget - user acquisition. Given the competitive mobile app market, gaining usership can be a battle. With over 2,000 new apps published every single day, you better plan ahead and get your marketing act together if you don’t want to end up with a dead app. You worked way too hard for that. Now that we have you a little rattled, don’t panic - there’s plenty you can do to get noticed. Start with social media. For example, you can easily set up advertising such as a pay-per-install campaign on Facebook. Find out what tweeters are tweeting and get your hashtags rolling. While you do that, here’s a few tips that will help you get the visibility you need to get those coveted downloads and industry buzz: Learn and Master ASO You’ve heard about SEO and know what a pain in the ass it can be. ASO is certainly not the same thing, but a game you must play if you want downloads. App Store Optimization, ASO, is the sprint to get your app visibility in app store search rankings. Tools such as App Annie or SearchMan are helpful to manage and monitor your soon-to-be-climbing ASO. Keywords are important in ASO, so be sure to carefully think about the title and description you put together. Think about what kind of search the user you’re targeting will type. For example if you were marketing Pandora, you would want to include keywords such as “online radio,” “free streaming,” or “music playlist.” Get inside your audience’s head and figure out what they will search to try and get to an app like yours. Word-of-Mouth Never, under any circumstances, underestimate the power of word-of-mouth. Get your friends and family to download your app and ask them to spread the word. Even better, ask for their feedback and make the changes they suggest. Few people are going to care more about your success than your friends and family, and fewer still will give you the honest feedback you need to improve. Mom may not be the savviest app user, but she’s not afraid to give it to you straight. Utilize the Blogosphere Bloggers are always looking for a hot topic to muse about. Guess what? Your app is a hot topic and damn straight they should be talking about it. Tech bloggers not only love to get their hands on the latest technology, but vie to be the first ones publishing their witty thoughts on it. Comb through tech publications, find out where the early adopters chat, and fire away offering first time access to your app. Writers eat that up. Keep in mind, while you may not have a ton of control over this, do what you can to coordinate publication releases at or around the same time. What this does is hits the Internet like a charging horse, click-a-clacking across the information highway to maximize hype and improve results. And hey, you’re a patron of the internet too - get involved yourself. Comment on the blogs, share on social media, be interactive and boost that buzz. Become a Student of Your Users Listen. L-I-S-T-E-N. Was that not clear? Listen to the users who took the time to download your app. People are happy to provide feedback because they want products they want (see what I did there). If you can fashion your app to something users really want, they’ll tell their friends and increase their own usage. Don’t be surprised if they may have some pretty radical requests. Keep an open mind. While your vision for the app is certainly brilliant, try not to hold too tightly to these original ideas. There may be great suggestions outside the round-one-dev-box that can take your app places you never thought of. Ratings and Reviews Plug in functionality that asks users for ratings and reviews. Users don’t really care what you have to say about your app and what it can do. Users care what other users think and listen to their peers far more than you. Apptentive is a great app to get started with this. Ask users for reviews and again, listen. Make the changes that affects common use cases as quickly as possible. The Internet is instant, it lives in your users’ pockets and purses. They are not a patient bunch and will speedily move on if dissatisfied. Keep Users Happy This is a no-brainer and a theme you may have picked up on. But seriously - keep users happy. ASO also looks at user behavior such as discard rate (how often an app is deleted), ratings, download counts and frequency of use. Ensuring your app is something they really want will increase their use of it, and encourage them to tell their friends how great it is. If you can keep your users happy they will have no reason to delete your app and rate it highly. Happy users are the gold to go after in your marketing campaign. Publishing your app and getting people to use it can certainly be overwhelming - but you can do it. Mobile users want you to make their lives easier with a new fantastic app. Get the word out there, actively listen, and build a happy user base.