Are you an IT supplier?

Do you need help:

(1) Drafting Standard Terms of Business?

(2) Negotiating the terms of a new agreement?

Ever been asked for your Standard Terms of Business and not had any?

Not only can this look unprofessional but it represents a missed opportunity to start any negotiation on your terms.

What might at first appear a significant investment may be able to be used again and again with, in certain cases, little or no amendment.

Perhaps you already appreciate the value of a properly drafted agreement and already have Standard Terms.

You may already have draft agreement(s) in place but need help with negotiating a new agreement (either based on an existing agreement – yours or theirs – or starting from scratch).

Are you looking for the services of an IT supplier?

Customers of IT suppliers are unlikely to have standard terms relating to computer and software products and services and, as such, the starting point for negotiation is often based on the supplier’s standard terms of business.

Agreements vary in how well drafted they are and how fairly they reflect the respective interests of the parties.

In any case, there are almost always a number of terms which are either outright objectionable or, at the very least, may be negotiated more favourably for the customer.

Benefits include:

  • Draft agreement serves as a negotiating instrument
  • Expectations of the parties are highlighted at an early stage (which can then be addressed)
  • Provision made to give effect to the expectations of the parties
  • Clear and unambiguous provisions dealing with what happens if things start to go wrong (for example, a development project timetable is not met)
  • The parties have a clear record of their respective rights and obligations under the agreement for reference
  • Clear evidence of the existence of a contract between the parties and its terms (should a dispute arise)
  • Image of the business enhanced by having professionally drafted agreements (whether one-off or for repeated use) tailored to be mutually beneficial and, in other words, to meet the respective commercial expectations of the parties and their exposure to risk

There are key clauses appearing in IT agreements that are often the subject of negotiation.

These include:

  • Scope of Work (Specification)
  • Payment provisions
  • Delivery
  • Acceptance testing
  • Termination provisions
  • Ownership of Intellectual Property
  • Indemnities
  • Limitations on Liability

Whether you require advice on a discrete point or need help negotiating and drafting a new agreement, Barrister KnowHow represents excellent value for money.

Remember, a properly drafted contract will help you to achieve your business objectives and avoid problems or disputes arising at a later date.

Advice and assistance is available drafting, reviewing and negotiating agreements governing the development, licensing and maintenance of software and systems including agreements involving:

  • Website Development
  • Software Development
  • Software and Data Licensing
  • Distribution
  • System Supply
  • Hardware Maintenance
  • Software Support
  • Contractor and Consultancy Services
  • Assignment of Copyright
  • Non-Disclosure (Confidentiality) and Disclosure
  • Outsourcing
  • Cloud Computing Services
  • Escrow
  • Disaster Recovery Services
  • E-Commerce Distribution

Please do not hesitate to contact Dominic at Barrister KnowHow for more information.