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Importance of exit and transition provisions considered by TCC – Astrazeneca v IBM, Technology and Construction Court

22 December 2011 | Simon Weinberg

Astrazeneca and IBM entered into an outsourcing agreement for IBM to provide various IT services. The agreement contained a number of exit provisions, including an “exit plan” that would allow Astrazeneca...

Tags on this discussion: astrazeneca exit obligations exit plan exit provisions hardware IBM IT contract IT services maintenance services outsource outsourcing outsourcing agreement pharma pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector service provider services agreement Software support and maintenance support services TCC Technology and Construction Court transition transitional transitional services Upload-Pharma

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

Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, High Court

27 February 2011 | Mark Weston

De Beers, the diamond supplier, had entered into a joint sales agreement with the Botswana Government, and to better perform its obligations under that agreement, De Beers wanted a software system that...

Tags on this discussion: breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts damage damages High Court infringement IT contract IT services material breach repudiation repudiatory repudiatory breach Software software developer software development software supplier software supply software system supplier test for repudiatory breach unauthorised unlawful

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

Public body ordered to disclose IT contract against its wishes

30 September 2010 | Paul Gershlick

The Department of Work and Pensions has been ordered by the Information Tribunal to disclose most of the details of an IT contract. Atos Origin had been the only bidder for the DWP’s contract. After...

Tags on this discussion: B2G benchmark benchmarking business to government cap on liability commercial commercial agreement Commercial contract commercial contracts commercial law commercial prejudice confidential confidential information disclosure exclusion of liability FOIA freedom of information freedom of information act Information Tribunal IT IT contract liability limitation on liability public authority public body public interest public sector publication Software trade secret

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

13 August 2010 | Mark Weston

GB Gas entered into an agreement with Accenture for Accenture to design, supply, install and maintain a business-critical IT system, including billing. The agreement defined a ‘Fundamental Defect’...

Tags on this discussion: breach breach of contract bugs business-critical commercial consequential loss contract contract law contracts Court of Appeal design direct loss exclusion of liability fundamental fundamental breach indirect loss installation IT IT contract IT project IT system liability limitation on liability loss of business loss of contracts loss of profits loss of revenue losses maintenance material material breach reasonable reasonable endeavours remedy repudiatory breach serious serious breach supply supply agreement supply contract support and maintenance third party third party losses warranty

EDS agrees to pay Sky £318 million in IT contract dispute

18 June 2010 | Paul Gershlick

EDS and Sky have finally agreed to settle a costly and long-running dispute over an IT contract. In January, the High Court agreed with Sky’s claim that EDS had mis-sold a customer relationship system....

Tags on this discussion: breach of contract contract contract law contracts Fraud fraudulent misrepresentation IT IT contract misrepresentation supply contract UCTA unfair contract terms act

All IT contracts to be made public

14 June 2010 | Paul Gershlick

The new Government has announced that it plans to make all Government contracts open to the public. New IT contracts will be published within the next few weeks, as will tenders for procurement over £10,000....

Tags on this discussion: B2G business to government contract contracts Government IT IT contract local authority procurement public procurement public sector

Latest news and views tagged IT contract

Importance of exit and transition provisions considered by TCC – Astrazeneca v IBM, Technology and Construction Court

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

Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, 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

Public body ordered to disclose IT contract against its wishes

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

EDS agrees to pay Sky £318 million in IT contract dispute

All IT contracts to be made public

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