By Michael R. Overly
Even prime companies with subtle IT infrastructures and groups of attorneys can locate themselves unprepared to house the diversity of concerns which could come up in IT contracting. Written via pro legal professionals, A consultant to IT Contracting: Checklists, instruments, and Techniques distills the main severe company and criminal classes discovered throughout the authors’ a long time of expertise drafting and negotiating IT-related agreements.
In a unmarried quantity, readers can speedy entry details on almost every kind of know-how contract. based to target a specific kind of IT contract, every one bankruptcy features a list of crucial phrases, a short precis of what the contract is meant to do, and a whole evaluate of the felony and enterprise concerns which are addressed in that exact contract. supplying non-legal pros with the instruments to handle IT contracting concerns, the booklet:
- Contains checklists to assist readers arrange key ideas for prepared reference
- Supplies references to necessary on-line assets and aids for agreement drafting
- Includes a CD-ROM with reusable checklists and entire word list that defines key criminal, enterprise, and technical terms
Costly blunders will be refrained from, possibility should be avoided, and higher contracts will be drafted in case you have entry to the perfect info. packed with reader-friendly checklists, this obtainable reference will set you down that direction. caution you of the commonest pitfalls, it fingers you with little-known assistance and most sensible practices that can assist you negotiate the most important phrases of your IT agreements with self assurance and make sure you return out on most sensible on your subsequent agreement negotiation.
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Extra info for A Guide to IT Contracting: Checklists, Tools, and Techniques
Criticality of technology to business? ☐☐ Unique regulatory issues? ☐☐ Other foundational information? ☐☐ Circulate a “deal memo” ☐☐ Circulate a “term sheet” Describe the Engagement ☐☐ What is the deal about? ☐☐ Business advantage from contract? ☐☐ Use nontechnical English Useful Life ☐☐ Anticipated duration of contract ☐☐ Desired renewal terms ☐☐ Duration of services rendered ☐☐ License for years or perpetual? ☐☐ Renewal rights ☐☐ Costs for renewal Expected Fees ☐☐ Compensation to vendor ☐☐ Breakdown of first-year fees SS License SS Professional services 1 2 • A Guide to IT Contracting: Checklists, Tools, and Techniques SS Implementation SS Customization SS Hardware SS Telecommunication ☐☐ If no fees, good faith estimate ☐☐ When to use customer’s form Performance ☐☐ Customer-facing application?
It should state precisely that the receiving party must at least use reasonable care to protect the confidentiality of the information disclosed, consistent with the manner in which the receiving party protects its own most confidential information. ” Such a requirement is often unduly limiting. It is better to revise these agreements to permit disclosure of the confidential information to “employees, agents, and subcontractors having a need to know such information,” provided that they are 32 • A Guide to IT Contracting: Checklists, Tools, and Techniques • • • • bound by written confidentiality agreements at least as protective of the disclosing party as those set forth in the NDA.
Upon termination or expiration of the agreement, the vendor would be required to assist the customer in its transition process. ADDITIONAL CONTRACT TERMS In any software license transaction, the customer should ensure that the software license agreement that you have negotiated and signed is the only agreement that governs the terms of your company’s use of the software and receipt of support, maintenance, and any other professional services associated with the software. In this regard, your company will want to state specifically that no shrink-wrap, click-wrap, or other terms and conditions that are provided with product or software will be binding upon your company, even if those products and services require an affirmative acceptance of those additional terms and even if someone from your company “accepts” those terms.