IT Contracts

/IT Contracts

We provide various services related to Information Technology or IT Contracts.

Our attorneys have years of experience in drafting IT Contracts and an excellent understanding of  the various nuances and structures that exist.

We work with both vendors and customers and offer advice through all the various stages of entering into contracts. There are many different types of agreements, as well as different elements that make up the agreements. If you are a vendor it is essential that you have good templates and good version control to ensure that you manage the relationships with your customers adequately.  We assist with drafting, reviewing, negotiating and managing contracts to ensure that you get the most our of your relationships with customers and vendors alike.

You can find out more about the different contracts and services that we offer relating to vendors and customers.

Our latest insights on Information and Technology Contracts and Service Level Agreements are set out in the area below.

Cloud Contracts

Cloud contracts are essential for organisations using cloud services. Cloud computing is where an organisation or individual uses remote servers that are hosted on the internet to manage, store and process data. The role of technology in business operations is [...]

By | November 28th, 2016|Categories: IT Contracts|Tags: , , |

Top Tips for Information Technology Contracts

I've been drafting information technology contracts and SLAs for 17 years. I've acted for vendors (including some of the major multi-nationals) and for customers sourcing IT. We've been working on a set of templates for many years and we've used [...]

By | September 29th, 2016|Categories: IT Contracts|

What is a Collaboration Agreement?

What is a collaboration agreement? How is it different to a teaming agreement? Many people use the terms interchangeably, but there is a distinction between them. A Collaboration Agreement is for people working on the same thing A collaboration agreement is [...]

By | July 26th, 2016|Categories: IT Contracts|Tags: , , , |

The Pitfalls of Software Escrow

The decision to place code in escrow is just the start of the source code negotiations, not the end. The devil really is in the detail in this case and clear rules for release of the code held in escrow need to be specifically thought about in relation to the specific needs of the licensee and drafted explicitly so that there is no room for doubt in the minds of any of the parties to the escrow agreement as to whether or not the code may be released.

By | July 21st, 2016|Categories: IT Contracts|Tags: , , |

Types of Joint Venture Agreements

People often ask us to help them draft joint venture agreements. Joint ventures (JVs) are not specifically regulated in South Africa and can be concluded through simple joint venture agreements, a partnership agreement or through incorporation of the joint venture [...]

By | March 18th, 2016|Categories: IT Contracts|Tags: |

The Difference between Appendices, Annexures and Schedules

What is the difference between a schedule and annexure? Not much. Our preferred view is to refer to an appendix, annexure or addendum as an ‘attachment’, and make it clear from the wording in the agreement whether it is intended [...]

By | February 28th, 2016|Categories: IT Contracts|Tags: |

Reseller Agreement – Agent or Distributor?

We often get asked by providers of ICT goods or services (like software developers or vendors) to draft a reseller agreement to allow a third party (reseller) to sell their solutions to the third party's customers (end users). Many vendors refer [...]

By | February 1st, 2016|Categories: IT Contracts|Tags: , , , |

Using Track Changes for Agreements

Using track changes for agreements is a useful way of negotiating changes to agreements electronically. However, there are some critical points to keep in mind when using this tool. The golden rule is that you must ensure the other party [...]

By | January 28th, 2016|Categories: IT Contracts|Tags: , , |

A Penalty Clause in a Contract raises Questions

You will sometimes find a penalty clause in a contract. Or you might want to include a penalty clause. Or be asked to include one. It is sometimes difficult for someone to claim damages from another who has not done what they agreed they [...]

By | January 14th, 2016|Categories: IT Contracts|Tags: , |

A Modular Approach to Drafting Documents

We often recommend and use a modular approach to drafting documents (like IT contracts, agreements and policies). Akin to building a document out of lego blocks. Not always, but often. It does not suit every agreement nor every offering. We find [...]

By | November 2nd, 2015|Categories: IT Contracts|Tags: , , , , |