LEGAL & COMPLIANCE ADVISORY SERVICES
IT CONTRACTS RISK ASSESSMENT
We analyze IT contracts to identify risks that affect IT spending. We identify solutions to implement our sourcing and license management analysis. We draft contractual solutions to achieve maintenance costs reductions. We negotiate IT contracts based on a knowledge of the IT vendors limits. We have developed contractual solutions to get the IT contracts ready for corporate changes (acquisitions, divestitures etc.).
SOFTWARE AUDIT READINESS
What can they do?
Badly negotiated audits clauses may leave you weak against an IT vendor when he knocks to perform an audit. If negotiated right, you may keep him knocking quite a while, before you let him in.
- What he can do once in and performing an audit you are not prepared to?
- What if he wants to install scanning tools you cannot control?
- What if you cannot verify data in the outputs of the audit?
- What if you cannot control data he is collecting!
- Each organization needs to have a manual on what to do if any of these or similar situations come, as it may significantly affect your final audit bill.
What can you do?
Vendor has completed the audit and you are told to pay. But there is something suspicious on the claim. Is it really based on the contract?
- Is it based on a license/maintenance terms and conditions vendor insists you are bound by?
- Have you even seen them before? Are they applicable to you?
- Were they applicable in a time period during which you were according to the vendor non-compliant?
- IT vendors try it mostly before expiry of license or maintenance contract cycle. Vendors are offering clients new purchases that are usually unnecessary as they know it is better to buy something than pay fine. But would you really have to pay fine?
AGREEMENTS IT SERVICE PROVIDER
Employment and labor law compliance
- Are your IT service agreements compliant with employment and labor law?
- Is it ok to contract for FTEs from a provider who is not licensed as an Employment Agency?
- Can it be drafted in a way to keep the flexibility, price and still be compliant with employment law?
- Update of this kind of agreement is usually easy and accepted by the provider and lead to diminishing the risk of fines to be imposed by Employment Inspectorate.
IP rights
- Do you get all necessary IP rights on a basis of the service agreements?
- Dealing with an IP rights in IT services agreements is tricky without due diligence of the service provider and written agreement.
Outsourcing
- Do your service agreements comply with the outsourcing requirements?
- Do you have respective policy in place within your organization?