Developing ICT solutions is a complex process that is often difficult to manage, particularly when providing tailor-made solutions.
Unforeseen circumstances may arise during the development phase; these may relate to aspects such as completion times, unexpected bugs and failures or interoperability with the client’s existing hardware or software.
Most problems and conflicts relating to liability, for instance, can be avoided by concluding clear agreements between the developer and the client.
There is a wide range of ICT contracts. The best-known would be software licenses (ranging from a software development agreement to an End-User License Agreement (EULA)), Application Service Provider (ASP)/SaaS agreements and escrow contracts. Standard general terms and conditions from trade and industry associations,
such as the Federation of Dutch IT Businesses (FENIT) or the Netherlands Federation of Branches of Technology (FHI), are often used for ICT agreements.
Amendments or additions almost always need to be made to these standard terms. Therefore, it is recommended for an organisation to have their own general terms and conditions, as these will be tailored to the relevant business operations.
Legal ICT can help you draft or review your, or your client’s, IT-contracts.
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Patenting software? Yes, that’s possible – although the rules are strict these days, especially in Europe but also in the USA after the Alice ruling of the Supreme Court.
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