Understanding and Managing IT Contracts

AUDIENCE: In house lawyers, Solicitors in private practice, Commercial directors and managers, Contracts managers, Sales Managers
PREREQUISITES: None really - just an interest in the subject.
DURATION: 1-2 days depending on content.
OBJECTIVES: Commercial litigation is often the result of disputes over the interpretation of written contracts. To avoid disputes contracts need to be comprehensive and unambiguous.
Drafting commercial contracts focuses on the structure and format of IT contracts, drafting techniques, and the use and understanding of some legal clauses. On attendance, delegates will appreciate:
Learn to read and understand contract clauses
Understand the benefits proper contract construction
Recognize the Risks posed by bad drafting of contract clauses
Understand technical concepts like ''Confidentiality''
Become familiar with relevant UK and EU laws


COURSE CONTENT:
Introduction to the seminar
· Formation of a contract
· System of Precedent
· Rules of construction of contracts
· IT Contracts
· Material breach and contract Disputes
· Remedies

Structure and format of a commercial contract
· How a typical contract should be structured
· The Risks of using the other party''s Terms and Conditions
· Typical Clauses to include:
- Recitals
- Limitation of liability
-Indemnities
-Licenses and Intellectual property
- Duly Authorized Signature
-Attachments and Schedules
-Payment
-Termination of Contract

Confidentiality agreements
· Meaning of ''Confidential''
· The law relating to confidentiality including the Freedom of Information Act
· Exceptions to the Rule of Confidentiality
· Sample Confidential Agreement

Standard terms
· What are considered to be Standard Terms by the Courts?
· Implied terms included by process of law
· Exclusion clauses
· UCTA and other relevant legislation

Terms and Conditions of an IT Contract
· Software Licenses
· Hardware purchase and support
· Development
· Intellectual Property

Contract management
· What is contract management
· Why is it necessary?
· The Contract Manager Role
· Technology used in contract management
· Problems and Solutions

Disputes
· Avoiding legal proceedings
· Managing Risk
· Alternative Dispute Resolution (ADR)
· Litigation

KS06/01