Computer supply contracts differ from other commercial contracts in several respects. They often concern very sophisticated technology which requires an interest and understanding of science, engineering and commerce that most lawyers do not possess. Some bargains are entered on assumptions as to the state of the law which have never been tested in the courts. There is nearly always a complex legal framework involving intellectual property, consumer protection, data protection, telecommunications regulation as well as contract law. As often as not these contracts involve the laws of more than one jurisdiction.
We can assist either party in a contract for the supply of computer systems or services. First, we can advise on the law and its impact on the proposed transaction before negotiations begin. Once they have crystallized into an understanding we can draw up heads of agreement. We can then craft them the understanding into a written agreement that reflects and carries into effect the parties’ intention often in dialogue with lawyers for the other side. Such contracts include turnkey, bespoke software development, hardware and software maintenance and escrow agreements. Others than we draft and review include confidentiality, consultancy, distribution, joint venture. outsourcing and project management agreements. Finally, we draw up end user licence agreements privacy statements and terms and conditions of business.
If relations between supplier and customer break down we will try to find a solution that avoids litigation or arbitration and conduct direct negotiations and mediation. Should negotiations or mediation fail we represent parties before arbitrators or the Technology and Construction Court.
Jane Lambert “Negotiating with a Large Public Sector Agency”