Drafting and Negotiating IT Contracts


Drafting and Negotiating IT Contracts

Author Paul Klinger, Rachel Burnett
Publication Date July 2013
ISBN 9781847667120
Format Hardcover
Publisher Bloomsbury Professional


"Anyone involved in the IT contracting process...must undoubtedly respond with a'must have' response to the essential counsel offered in this book." CBE Geoff Shingles (from the foreword to this edition)

Drafting and Negotiating IT Contracts offers a practical rather than academic viewpoint on IT contracts, with an informative narrative aimed to aid in the negotiation of a broad variety of contracts, backed up by a large collection of precedents. It assures that people with various goals in mind while negotiating a contract may all find a solution in this book.

Creating contracts that are both flexible and secure:

The third edition of Drafting and Negotiating IT Contracts demonstrates how flexibility is an important aspect of contract construction. It includes the following items for practical assistance:
• Help in identifying the risk factors involved if various provisions are omitted or left unchallenged;
• Useful template contracts as starting points;
• Useful checklists to aid the contract drafting process;
• An accompanying CD-ROM allowing the book to be read and used in digital form, as well as ensuring easy access to the precedents.

Updates on cloud computing and other topics:
This third edition includes a new chapter on the negotiability of contracts between cloud computing providers and customers, as well as sections on software and digital business that cover the evolution of new forms of software provision, both on- and off-line, traditionally and as a service, and models for agile and traditional software development agreements.
Other recent additions include:

  • E-commerce and website privacy;
  • Data protection laws compliance;
  • Business continuity and disaster recovery;
  • The influence of competition legislation

TABLE OF CONTENTS of Drafting and Negotiating IT Contracts

Chapter 1 Introduction
Chapter 2 The legal context
Chapter 3 Principles of contract negotiation
Chapter 4 Construction of an IT contract
Chapter 5 Standard provisions
Chapter 6 Confidentiality and non-disclosure agreements
Chapter 7 Computer product supply contracts
Chapter 8 Leasing agreements
Chapter 9 Distribution and reseller agreements
Chapter 10 Software licences
Chapter 11 Source code deposit 'escrow' services
Chapter 12 Software development
Chapter 13 Maintenance and support agreements
Chapter 14 Contractor and consultancy services
Chapter 15 Outsourcing IT services
Chapter 16 Cloud computing services
Chapter 17 Website development and support
Chapter 18 E-commerce
Chapter 19 Business continuity and disaster recovery agreements
Chapter 20 IT contracts and legal risk management
Chapter 21 Checklists

Chapter 22 Precedents

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