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Business And Legal
    Information for
     E-Commerce

An Ounce of Prevention is worth a pound of
                  cure
You’re Passionate
You’ve Got Ideas
I can start my own Business!
Awesome!




Let’s Get Started!
We’re covering
• Getting Started
• Business Models (Corp, LLC, etc.)
• Taxes
• Copyright
• CAN SPAM
• The FTC and Disclosure
• “The problem with the Internet startup craze isn’t that too many
   people are starting companies; it’s that too many people aren’t
   sticking with it. That’s somewhat understandable, because there
   are many moments that are filled with despair and agony, when
   you have to fire people and cancel things and deal with very
   difficult situations. That’s when you find out who you are and what
   your values are.

• “So when these people sell out, even though they get fabulously
   rich, they’re gypping themselves out of one of the potentially most
   rewarding experiences of their unfolding lives. Without it, they
   may never know their values or how to keep their newfound wealth
   in perspective.” [Fortune, Jan. 24, 2000]
Most People...
• Just start working
• Hand-shake deals
• No written
  agreements

• No plans to scale
• Outsourcing?
• Cash flow?
Preparing for the Best
    and the Worst
SBA Business Facts
• 7 out of 10 businesses survive 2 years
• 51% last 5 years
• Small businesses employ about 1/ 2 the
  private sector employees

• 40% high tech workers
• 52% are home-based and 2% are franchises
Reasons for Success
• Great Leadership/management
• Attract and Attain Quality People
• Disciplined Approach
• Strategic use of Tech
• Use of Trusted relationships
  (network)
• Teamwork and Quality
Reasons for Failure
• Lack of Experience    • Mixing Personal and
                          Business funds
• Insufficient Capital
                        • Poor Credit
• Location issues
                        • Competition
• Poor Management
                        • Low sales
• Lack of a Plan
• Unexpected growth
The Plan is a Map for your
        Business
The Business of Dorian Gray?
Who Wants to feel like this?
Or This?
Can you form a “Guild?”
Ten Things Everyone Forgets


• State Business License
• City Business License
• Insurance - business, health, worker’s comp, etc.
• Payment and Work Schedule: what’s due when
• Taxes- Fill out the forms
• Taxes- Deposits to avoid Surprises
10 Things Cont.

• Keep track of expenses, deductables (mileage,
   parking, business meals, phone, gear, internet fees,
   hotels, etc.)

• Separate Personal and Professional money
• Business Correspondence- keep it organized, and
   easily retrieved

• Contracts: Get it in Writing
• You will get sick and/or need vacation. Plan
   accordingly.
How Locked In
   are You?


     Fully?



Combination lock?



 Cheap plastic
 luggage lock?
First Steps:


• Need to be a good accountant;
  separate business from personal.
• Separate business account (EIN?)
• Track business expenses
“Formal” Business
• With an LLC or Inc., you
  separate personal from
  business

• “Limits of Liability”-
  business does not bankrupt
  You

• You are the caretaker of the
  “strawman”- Fiduciary
  responsibility
What Does
 Your Org
Chart Look
  Like?
LLC, Incorporate, or...

• Is this you alone, or will you have
  partners?
• Will you have employees, or
  independent contractors?
• What is your liability/growth
  potential?
If you incorporate:


• The Company Corporation- fast,
  efficient and cheap. (works for LLC as
  well- please let them know I sent you)

• Consider incorp in Delaware
  (favorable laws and tax rules)
Example: consulting

• Project work income; freelance
  assignments

• If income exceeds approx $10K per
  year, or you anticipate it will exceed
  10K, you should consider treating it
  like a business other than “side
  income”
Consulting

• Time needed to generate business;
  marketing yourself to ensure steady
  and reliable income stream (Atty
  model)

• Ability to scale and outsource- you
  can’t do it all, but when can you afford
  help?
Example- Retail
• Selling stuff online- more than a few E-
  Bay transactions a month
• Reliability is a key- reputation
  management
• Scalability- how much business can
  you take? Supply/Demand
• Liability higher on specific
  deliverables
Decide on a Goal,
Then Measure It
What Do You Want?
            Web Based Goals

       Goal                  Metrics
                            Friends, Fans,
      Attention
                           Followers, Visits
                         Contact Information,
     New Leads
                                 Data
   New Customers             Conversions
                         Downloads for White
Leadership in the field
                         papers, ebooks, etc.
Other Legal Issues
       and
 Emerging Issues
Taxation
The Tax Man

• Keep it all separate means also filing
  taxes for business, paying quarterly
  deposits, etc.
• It also means shielding your assets if
  things go belly up.
• The Tax Man is cranky if you don’t
  follow the rules.
The Tax Man
Copyright
The FTC and
 Disclosure
CAN SPAM
CAN SPAM in a nutshell
• Applies to email, not just bulk mail
• Applies if primary purpose is
  commercial advertisement or
  promotion of a product or service
• No exceptions for B to B
• Penalties of up to $16,000, so be
  careful!
• Don’t use false or misleading header
  information
• Don’t use deceptive subject lines
• Identify message as an ad (disclosure)
• Tell recipients where you’re located
• Tell recipients how to opt out of future
  email from you
• Honor Opt out requests promptly
• Monitor what others are doing on
  your behalf- including any company
  you hire to do email marketing for
  you.

• Create your own list and database-
  buying lists may not be worth the
  penalty
Avoiding Problems with e-mail

• Provide value to your customer
• Watch the frequency- no one likes a
  full inbox
• Watch open rates, do A/B Testing
• Video email like Talk Fusion- The Jury
  is Out

• Understand mobile platforms
e-mail resources

• What Counts Blog
• Marketing over Coffee podcast
• Blue Sky Factory e-books
 • Build your email marketing list
 • Ultimate Guide to Email Marketing
Privacy
Recommended

• The Knack: How Street Smart Entrepreneurs
   learn how to handle whatever comes up - Norm
   Burlingham, Bo Brodsky

• Lost & Found - Geneen Roth
• SBA Podcasts; Available Free Courses (The tech one is
   REALLY basic)
Resources

• Freelance Calculator
  www.freelanceswitch.com/rates/

• Fun Project Quote Calculator http://
  devgrow.com/freelance-project-quote-estimator/

• Freelance Writing       http://allfreelancewriting.com/
  freelance-writing-rate-calculator/

• Wage Calculator http://us.thesalarycalculator.co.uk/
  hourly.php
Questions?


         Whitney Hoffman

        ldpodcast@gmail.com
twitter:@ldpodcast, @whitneyhoffman
       skype: Whitney.Hoffman
Contact Info:
Whitney Hoffman

Hoffmandigitalmedia@gmail.com
Twitter: @whitneyhoffman, @ldpodcast
Facebook: Whitney Hoffman

Google Voice: (302) 482-4599
Mobile: (302) 562-6507

URL: www.whitneyhoffman.com
The End
“In the long history of humankind those who
learned to collaborate and improvise most
effectively have prevailed.”


                          ~ Charles Darwin
“If you make customers unhappy in the physical
world, they might each tell 6 friends. If you make
customers unhappy on the Internet, they can each
tell 6,000 friends.”

	 	 	 	 	 -Jeff Bezos, CEO of Amazon.com
Income /2080 =

 Hourly Rate
$40,000/ yr =

 $19.23/hr
Do The Math

Cost Per Lead* = (Total Ad Costs) / (# Leads
Generated)
Total Ad Costs = Direct Ad Costs + Indirect Ad Costs

Direct Ad Costs = All Ad Fees + Design Costs + Tracking Costs + Agency Fees

Indirect Ad Costs = Administrative Overhead = ($/hr) x (# hrs)


Marketing ROI = (Revenue – Marketing Cost) /
Marketing Cost
Consider
Cost of a lost customer in terms of lost revenue
and-
Loss of additional customers due to word of
mouth
Cost of Retention- what do you have to do to
keep existing customers happy?
Churn rate- how many customers leave? And
what does it cost to replace them?
Lifetime Value of a Customer

Formula includes:
 Average number of years a customer does
 business with you
 Average revenue per customer per year
 Estimated costs to deliver products/services
“Social media changes the relationship
between companies and customers from
master and servant, to peer to peer.”
What’s Your Time
     Worth?
An Ounce of
        Prevention...
• Most small businesses fail because
  they were undercapitalized (keep
  the day job)

• Be clear up front when mixing
  friends/family and $$$

• Put it in writing (freedom of
  Contract)
Summary

• Write a Plan
• Use Freelance Calculators; know your
  “Burn rate”

• Understand Money
• READ
Dedo december legal
Dedo december legal