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European Commission consults on standard terms and conditions for cloud computing services

27 May 2011 | Mark Weston

The European Commission is consulting on adopting standard terms and conditions for use of cloud computing services. The consultation is asking people, businesses and public bodies to respond saying whether...

Tags on this discussion: agreement agreements cloud cloud computing commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consultation contract contracts Europe European Commission European Union hosted service IT IT agreement IT services On-line Online standard terms standard terms and conditions standard trading terms Terms & conditions

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

31 March 2011 | Paul Gershlick

The parties contracted for IBM to provide its own software, third party software (Orchard’s) which Southwark LBC had asked IBM to provide, and associated services. The framework agreement part of the...

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts condition conditions express express term fit for purpose fitness for purpose High Court implied implied terms IT IT agreement IT contract IT services IT system licence terms ownership reasonable reasonableness sale of goods sale of goods act satisfactory quality SGA Software software agreement software licence software supplier software suppliers software supply software supply agreement software supply contract SOGA title UCTA unfair contract terms act Unfair Contract Terms Act 1977 unreasonable Warranties warranty

Software reseller’s failure to provide accurate information entitled licensor to terminate – Softlanding Systems v KDP, Court of Appeal

5 November 2010 | Mark Weston

KDP licensed S to act as a reseller for KDP’s software. The agreement required S to pay royalties and provide reports and certain information to KDP, including who the end users were, the contracts with...

Tags on this discussion: agreement breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts Court of Appeal High Court IT IT agreement IT contract reseller royalty Software terminate termination

FTSE-350 struggling to appreciate software escrow

4 November 2010 | Simon Weinberg

Nearly half of FTSE-350 companies do not have software escrow agreements in place with their software supplier. That is according to a report produced by the NCC Group, the leading provider of software...

Tags on this discussion: agreement breach breach of contract business commercial agreements Commercial contract commercial contracts company contract contracts escrow escrow agreement FTSE IT agreement IT contract protection Software software licence source code source code deposit agreement support and maintenance

‘Perpetual’ can have different meanings but depending on the context perpetual agreements may be terminated – BMS Computer Solutions v AB Agri, High Court

24 March 2010 | Paul Gershlick

BMS had entered into two agreements with a licensee of its software – one for the licence and the other was a support and maintenance agreement. The licence agreement was for 10 years but subject to...

Tags on this discussion: IT agreement licence novation perpetual Software support and maintenance termination variation

Source code deposit arrangements soar by 150% in 2009 due to recession

8 January 2010 | Mark Weston

The number of source code deposit arrangements with NCC Group soared by 150% in 2009 compared to the figures for 2008. NCC Group is a leading provider of escrow services for source code in the UK. ‘Source...

Tags on this discussion: disaster recovery escrow escrow agreement IT agreement source code source code deposit agreement support and maintenance

Top 10 tips when negotiating an agreement for a web site or other business-critical IT

31 December 2009 | Paul Gershlick

I was recently asked to give my top 10 tips on negotiating an expensive web site based on my experience in drafting and negotiating IT agreements. Here they are. I must stress that they apply to the...

Tags on this discussion: acceptance delivery draft exclusivity fees hosting Intellectual property IP IT agreement licence liquidated damages maintenance negotiate payment terms price remedies source code specification testing web sites

Latest news and views tagged IT agreement

European Commission consults on standard terms and conditions for cloud computing services

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

Software reseller’s failure to provide accurate information entitled licensor to terminate – Softlanding Systems v KDP, Court of Appeal

FTSE-350 struggling to appreciate software escrow

‘Perpetual’ can have different meanings but depending on the context perpetual agreements may be terminated – BMS Computer Solutions v AB Agri, High Court

Source code deposit arrangements soar by 150% in 2009 due to recession

Top 10 tips when negotiating an agreement for a web site or other business-critical IT

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