By Michael R. Overly
Even best corporations with subtle IT infrastructures and groups of legal professionals can locate themselves unprepared to accommodate the variety of matters which may come up in IT contracting. Written by way of professional legal professionals, A advisor to IT Contracting: Checklists, instruments, and Techniques distills the main serious enterprise and felony classes discovered throughout the authors’ many years of expertise drafting and negotiating IT-related agreements.
In a unmarried quantity, readers can speedy entry info on nearly all types of expertise contract. established to target a selected form of IT contract, each one bankruptcy incorporates a record of crucial phrases, a quick precis of what the contract is meant to do, and an entire overview of the criminal and company concerns which are addressed in that exact contract. offering non-legal execs with the instruments to deal with IT contracting matters, the ebook:
- Contains checklists to aid readers arrange key innovations for prepared reference
- Supplies references to priceless on-line assets and aids for agreement drafting
- Includes a CD-ROM with reusable checklists and whole thesaurus that defines key felony, company, and technical terms
Costly error may be refrained from, chance might be avoided, and higher contracts will be drafted when you have entry to the suitable details. jam-packed with reader-friendly checklists, this obtainable reference will set you down that course. caution you of the commonest pitfalls, it palms you with little-known counsel and most sensible practices that can assist you negotiate the main 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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Additional info for A Guide to IT Contracting: Checklists, Tools, and Techniques
If the fees cannot be completely defined at the outset, good faith estimates should be provided. If estimates are not possible, evaluation of the deal is likely premature. Even a “ball-park” figure can greatly assist in determining the approach to the contract. As a general rule, the larger the engagement, the greater the leeway the vendor will have in entertaining Collecting Basic Deal Information • 5 proposed revisions to its contract or in considering the customer’s form agreement. That is, while it may be completely inappropriate for a customer to attempt to use its own form agreement for a $10,000 off-the-shelf software license, it may be entirely appropriate to use the customer’s form in larger transactions.
Will the vendor be performing services onsite or at its own facilities? , Cloud Computing, SaaS, ASP)? INTELLECTUAL PROPERTY ISSUES • Will the vendor render any development or customization services resulting in the creation of intellectual property that the customer will want to own? • If not owned by the customer, at minimum, should there be a period of time when the vendor cannot share the intellectual property with the customer’s competitors or in the customer’s industry? • Will the vendor have access to any highly sensitive company intellectual property?
It is not likely that you will able to include all of the terms identified in the checklists in each agreement of that particular type. However, it is important to think through each term and how it relates to your business and consider each term and whether it should be included in the contract that you are reviewing. If you are unable to incorporate a particular provision into the contract you are negotiating, be prepared to articulate why and understand the risk to the company of not including those provisions.