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To what points should you pay attention when negotiating ICT-agreements?

In this article you can find some general points on which you should pay attention when negotiating ICT-agreements.

The most used ICT-agreements are mentioned below. If you have any questions concerning this subject or you need more information feel free to contact us at: Frank@kreinn.nl

The most used agreements and there flaws are:

  • The Software license-agreement: In the software license-agreement one includes the terms and conditions for using the software. In not specific cases you can use a standardized EULA or ASP agreement for this. In all cases it is important to agree what the expectations are. What is allowed and is not allowed. What is possible and what is not possible. Other general important issues to address are: the maintaining obligations, the liability and the price.


  • The Software development-agreement: In those cases that you are developing new software defining what the expectations should be is important. Further more it is important to address which development and project management tools are being used. And that you point out what the completion date will be. Point out what the quality and the service will be like. And make arrangements about the license fee and rights.


  • The SLA-agreement (SLA): The Service Level Agreement is in many cases a part of ICT-agreements. In this separate chapter of the agreement supplier and client address service levels. Agreements about availability, reports, checks and measurements are pointed out. Further more it is important to address under with circumstances the SLA can be reviewed.


  • The Cloud Computing-agreement: Cloud Computing is a service model in which client and supplier agree what the delivery terms are for using the cloud. The SAAS (software as a service) is the most know example of such an agreement. It is important to agree on what the expectations are, so you can avoid differences of expectations in quality and service. Further more it is important to point out the release, licensing model and the escrow agreement.


  • The Escrow-agreement: The Escrow-agreement is an agreement between three parties, the supplier, the client and a third party (Escrow agent). The purpose of the agreement is to see to it that the client has always access to the source code. The third party will hold the source code in depot. So the client can rely on its software to operate even when there are business issues with the supplier.


  • The webhosting-agreement: The webhosting-agreement is an agreement that arranges the accessibility of your website. Affairs like exit, accessibility, privacy and data protection are important.