By Michael R. Overly
Even prime businesses with subtle IT infrastructures and groups of legal professionals can locate themselves unprepared to accommodate the diversity of matters that could come up in IT contracting. Written through professional lawyers, A consultant to IT Contracting: Checklists, instruments, and Techniques distills the main severe company and felony classes realized throughout the authors’ many years of expertise drafting and negotiating IT-related agreements.
In a unmarried quantity, readers can speedy entry details on nearly all sorts of expertise contract. dependent to target a selected form of IT contract, each one bankruptcy incorporates a record of crucial phrases, a short precis of what the contract is meant to do, and a whole assessment of the criminal and company concerns which are addressed in that specific contract. supplying non-legal execs with the instruments to handle IT contracting matters, the ebook:
- Contains checklists to assist readers manage key suggestions for prepared reference
- Supplies references to necessary on-line assets and aids for agreement drafting
- Includes a CD-ROM with reusable checklists and whole thesaurus that defines key criminal, enterprise, and technical terms
Costly errors could be kept away from, probability should be avoided, and higher contracts might be drafted when you've got entry to the appropriate info. jam-packed with reader-friendly checklists, this available reference will set you down that direction. caution you of the most typical pitfalls, it fingers you with little-known suggestions and top practices that will help you negotiate the foremost phrases of your IT agreements with self assurance and confirm you return out on most sensible on your subsequent agreement negotiation.
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Additional resources for A Guide to IT Contracting: Checklists, Tools, and Techniques
Rather, most NDAs should be used as transitional documents in anticipation of a definitive agreement between the parties that contains a robust confidentiality clause. • Avoid situations in which a vendor or supplier executes an NDA in anticipation of entering into, for example, a professional services agreement, but is then allowed to commence rendering services before the professional services agreement is executed. , warranties, indemnities, intellectual property ownership provisions). What’s more, allowing the vendor or supplier to commence performance will likely seriously undermine your company’s negotiating leverage for the professional services agreement.
Your company should ask itself—what are the implications to the business if the application doesn’t work? • Fees and Costs. What is your company going to pay for the application—including with respect to the initial license, support, implementation fees, professional services fees, maintenance, etc. Software License Agreements • 11 • Implementation Time. How long will it take to implement the software? The longer the implementation period, the greater the likelihood for cost overruns, delays, and other problems.
Security is an area that is commonly forgotten in software license agreements. However, in situations where a vendor will have access to critical customer information and will be storing that information in its own data center, it is critical that the software license agreement contain terms and conditions in addition to the confidentiality obligations discussed in this chapter. The vendor’s requirements in this area commonly include a requirement that the vendor maintain and enforce physical security procedures that are consistent with industry standards and that provide safeguards to protect against the loss, disclosure, and modification of the customer’s confidential information.
A Guide to IT Contracting: Checklists, Tools, and Techniques by Michael R. Overly