By Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors
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Additional resources for A Manager's Guide to IT Law
Some of the most common provisions are discussed below. ● Charging arrangements. Sometimes the cost of the software licence is bundled with the first year’s maintenance charges. One interesting point is from when the support charges should run. Some clients argue that they should start from the end of the warranty period for the software. However, it is now generally accepted that they should begin from acceptance of the system, as warranty and support are separate matters. ● Scope of maintenance services.
It is, accordingly, essential that these are identified with as much precision as possible and generally reflect the terminology of the contract. The buyer will usually have in mind a timescale within which the system should be provided, although the sophistication of the timetable will vary according to the complexity of the project and how closely the payment arrangements are tied into the achievement of specific milestones. Delivery Although the law provides for an implied term that goods will be delivered ‘within a reasonable time’, delivery arrangements should always be dealt with expressly.
You do not want the supplier cancelling support after a couple of years just when your new system is working well. Note that you do not have to commit to take the support and maintenance for five years – ideally your commitment should be on a year by year basis. It is just that the supplier agrees to make the support available to you for at least five years if you want it. vi) Make sure that you order enough training. One of the most common 12 IT Contracts reasons for the failure of a computer project is inadequate training.
A Manager's Guide to IT Law by Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors