Archived News

Information Technology Contracts – Avoiding the Pitfalls

15 November 2007

IoD led research shows that a carefully planned and implemented IT project can indeed have a major positive effect on any business, whether big or small. Improved customer satisfaction, quantifiable productivity benefits, increased sales, constructive response to competitive pressure and reduced costs and risk have all been cited by businesses as key drivers behind IT investment. Increasingly, a number of companies adopt IT strategies to gain competitive advantage.

However, identifying, purchasing, implementing and successfully managing an IT project is a highly complex and risky issue.

The project must have good demonstrable value and provide a good return on investment must be implemented on time and must be maintained with minimum risk and without the requirement of additional resources.

In achieving all of the above it is important that together with selecting the appropriate supplier/solution for the business, careful consideration is given to the underlying IT contract.

To help you through the labyrinth of the IT contract you need a specialist Computer Law and Information Technology lawyer who understands your business, and its commercial pressures.

Issues relating to IT Contracts

Who is going to benefit from the contract?
Is it for one company or for the whole group?
Who needs to have access to the new system/services?
Do you have the correct rights under your software licence including intellectual property rights?
Do you have acceptable response and correction time in your software maintenance agreement and what are the remedies?
What is your potential exposure and liability under the contract should something go wrong?
Do you have any agreed KPI’s in your contract?
Will you need the right to amend and add flexibility in your contract as your business grows and changes through time?
Do you have ownership of any software created for you and if not access to source codes in case of need?

The above are only some generic but critical issues that need to be addressed in any type of IT contract, whether it is a simple end user software licence, or a complex multinational hardware purchase, hosting and support arrangement or other business services agreements.

Harris Cartier, through its dedicated and expert team, can help you with contracts and other Information Technology issues that you may have.

Harris Cartier Intellectual Property and Information Technology services

General advice on 'soft' Intellectual Property Rights;
General advice on 'hard' Intellectual Property Rights;
Acquiring, Protecting and Exploiting Intellectual Property Rights;
Merchandising, Sponsorship and Endorsement Agreements;
Licence of Brands and Names;
Publishing Agreements;
Media Rights;
Advertising and Marketing Agreements;
Technology Procurement Agreements;
Website Design, Development and Hosting Agreements;
Support and Maintenance Agreements;
Website Auditing;
Licensing and Distribution of Software Agreements;
E-Commerce Agreements;
Outsourcing and Facilities Management Agreements;
Enforcement of IP Rights;
IT Litigation;
Arbitration;
Alternative Dispute Resolution

Harris Cartier assists and adds value to businesses

We do this by:

Undertaking an audit of your IT system (whether pre or post Due Diligence) to ensure that you have all the necessary licences, approvals etc for your business and also advise in relation to software licensing, development, support and disaster recovery issues; also
Guiding you through the legal risks and pitfalls that a procurement or change of internet service providers, consolidation/update your IT systems, your hosting and maintenance contracts across your subsidiaries always has;
Providing commercial legal advice during an outsourcing process of your IT systems or any other function;
Anticipating and overcoming the legal difficulties that sourcing new technology (including procurement of hardware, software, services or other infrastructure) for your business can hide;
Helping you to negotiate your way in a seamless manner when you are moving from paper based tenders to electronic auctions or establishing an electronic market place including Request for Tender and Quotation documents to the award of the contract and beyond.

From a commercial point of view, we offer the full range of services ranging from distribution to supply, purchasing and other commercial agreements.

Our IP and IT team is led by Dr. Maria Anassutzi, who is always happy to work with our clients and form an integral part of their business.

With technical legal knowledge always as a given, Maria insists that the service the IP/IT team provides to its Clients must be:

Commercial - in its approach of legal issues and solutions;

Responsive - when, very often, time is of the essence for the Client's business and it does not stop because of holidays or weekends;

Pragmatic - sometimes a different route is needed to obtain a result.

Innovative - in charging mechanisms and models.

To find out more and how Harris Cartier is able to help you and your business, please do not hesitate to contact Dr Maria Anassutzi, the Partner in our IP/IT department on:

Tel: 0207 440 9648
Fax: 0870 608 5396
Mobile: 07912 466 949
Email: manassutzi@hclaw.co.uk