Do I need an IT or software agreement? Corporate & Commercial

With constant developments in technology, the need for clear IT and software agreements has never been greater. Relying on relationships or well-intentioned promises could lead to costly problems further down the line.

The key with IT and software agreements is to clearly define the scope of your contract. Does it relate to the development or provision of software, websites and IT services? What are the obligations of both provider and customer? You should set out the specification for what is to be delivered at the outset, so that expectations can be clarified and potential disputes avoided.

It is also important to consider how your investment in technology can be protected. What ongoing assistance will you require from your provider in terms of maintenance or source code escrow arrangements to protect you should the software supplier go out of business or discontinue support for the software you purchase?

If new software is being created or software changed, who will own the copyright and what licences are required? Careful thought needs to be given to issues arising from whether the rights in question are being licensed, developed or transferred.

If you are presented with an agreement, do arrange for a commercial solicitor to review it for you to make sure it protects your interests as well as those of the other party.

Our Commercial Law Specialists

Contact a member of the team for advice.