IT LAW’s services are designed to maximise the commercial value of IT, e-commerce and telecommunications agreements for our clients.

The IT LAW approach to agreement design

Where an organisation has experienced (or continues to experience) project failure or failure to engage with an IT supplier or client in a way that results in cost-efficient and/or profitable projects, those issues can be a direct result of failure to reach a good agreement with the other party in the first place.

The agreement is (or should be) a record of what is agreed. In order for the record to be helpful, the parties need to address and agree on relevant aspects.

The agreement is not a record that is signed and put in the bottom drawer , it guides how the parties’ will perform and includes processes for dealing with issues that if not agreed can create inefficiencies in the achievement of desired outcomes (or failure to achieve those outcomes).

IT LAW’s approach includes the following key elements:

  • Performance-focus – a focus on what needs to occur for a successful engagement between the parties. Are the obligations of each party clear? If each party performs as agreed, will the desired outcomes be achieved?
  • Alignment of expectations – are the parties’ expectations aligned?  Where there are differing views or expectations of each party’s obligations, this can create additional expense for one or all parties.
  • Working together – drafting of technology agreements in a way that creates an environment which is conducive to cooperation and value-creation. With this approach, the agreement is used as a guiding framework for cooperation rather than as an insurance policy to be used only when things don’t work.
  • Built-in mechanisms that allow flexibility and so anticipate changing circumstances.

Increasing the likelihood and degree of success

Outcome-focused agreements that serve as guiding frameworks for cooperation and deal with the change that is inevitable in IT projects, create alignment and synergy that is both focused on the ultimate outcome and flexible in the means to securing it.

Minimising the risk of failure

IT projects fail only when they are unable to deliver the business benefits that justified them in the first place. There are various possible reasons for this: budget blow-out prevents their completion; the technology chosen ends up not being able to provide the required functionality, or business requirements change. Flexible, business-outcome focused agreements that create alignment and synergy go a long way to preventing or minimising the likelihood of these scenarios occurring.

Range of services

IT LAW offers a broad range of legal services in the area of information technology, telecommunications and e-commerce law.

Information Technology
-Cloud service – software as a service (SaaS) and other ‘as a service’ offerings                                                  -Solution implementation
-Software development, licensing and protection
-Reseller and distribution agreements
-Support and maintenance agreements
-Due diligence
-Escrow Agreements

-Spectrum issues
-Network communications systems
-Specialised contracting
-Due diligence

-B2B and B2C
-Terms of trade/disclaimers
-Website design, development contracts
-Electronic payment systems
-Privacy issues

For further information regarding any services offered by IT LAW please click here to contact us.