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Negotiating And Drafting IT Contracts

Course Category: INFORMATION TECHNOLOGY INFRASTRUCTURE LIBRARY (ITIL) COURSES

Course Fee: $4,500

ABOUT THE COURSEAll those involved in the transactions need to understand the trends and industry ‘norms’. A tough commercial environment means you need to guarantee you are getting the best terms available the best deal for your organization.This course has been specifically designed to engage both IT supplier and users of IT to develop their understanding of the structure and content of IT contracts:    What they are    How and why they are    What should be included    How to put them in place    How to overcome the key challengesThis practical and intensive 5 - day programme will boost your knowledge in these five key areas to ensure you get the deal done with the best terms for your organisation.TARGET PARTICIPANTS

This seminar is designed for representatives from both IT suppliers and users/buyers including:

  • In house lawyers, Private practice lawyers and IT consultants
  • Contract managers; Procurement managers;Buyers
  • IT directors and managers

COURSE OBJECTIVESBy attending this seminar, you will:

  • Understand both the supplier and user perspective
  • Learn enough about IT to be able to work better with IT contracts
  • Become familiar with all aspect of software licences
  • Take a close look at liability in IT contracts and how to limit or exclude it
  • Gain practical knowledge of the of IT projects through ‘hand-on’ exercise
  • Find out about copyright and database rights
  • Hear about the special features of outsourcing and IT service contracts
  • And finally, gain a practical understanding of third party rights in IT contracts.

 COURSE CONTENT

MODULE ONEBackground to an IT contract    Tendering; Managing negotiations;Pre-contract documents;Interim documents;Structure of IT agreementsUnderstanding enough about IT to work with IT contracts – Part 1    Computer architecture;Storage devices;Software – what is it? Networks – what are they?Understanding enough about IT to work with IT contracts – Part 2    The Internet; Content and data;Communications; Encryption; The futureSoftware licences    Software    The software licence:

  •         Background; Commercial questions;Goods or services?
  •         Express terms:
  •         Usual restrictions;Safeguards against restrictions;Warranties to a standard;Date warranties (in brief)

Liability: Can a supplier limit or exclude it?    Economic rationale;Contra proferentem;Unfair Contract Terms Act 1977;The case law;Open issues;Proposals for reformMODULE TWO3 centuries of IT contracts    Part I: Warranties and terms

  •         Implied terms;Express terms; Warranty v maintenance
  •         Endeavours: best v reasonable
  •         Material, substantial or reasonable?Prime contractor v subcontractor

    Part II: Warranties and terms        Anti-virus clauses;Func-Perm clauses; Specialist Func compliance; Sizing warrantiesCopyright and database rights

  •     What they are, Sources of most disputes, Substantiality; Exemptions; FAST and the BSA
  •     Recent regulations;The use of the © symbol; Moral rights

Outsourcing and IT services contracts

  •     Services; Service Level Agreements (SLAs);Change control
  •     Supplier management;Supplier warranties; IT consultancy; Entire agreement clauses in IT contracts;

Dates:

17 Dec - 21 Dec, 2018 | 01 Apr - 05 Apr, 2019 | 08 Jul - 05 Jul, 2019 | 14 Oct - 18 Oct, 2019

Venues:

USA | London | Dubai | South Africa | Ghana