CONTRACTS AND

CONTRACTINGLaws, Issues, and Tips

WORKING WITH REQUESTS FOR

PROPOSALS

• The Basic Format• From the Vendor’s Perspective

FORMING CONTRACTS ONLINE

•One-Sided Agreements

•A Real Contract?

•Making Browse wrap Work

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LETTERS OF INTENT:

PROCEED WITH CAUTION

• Confidentiality Agreements• Degree of Care

• Have Ready-to-Go-Documents• Limit the Subject Matter

• How Long?

THE NORMS OF IT CONTRACTING Warranties Who Takes the

Loss?

DON’T ACCEPT LIMITS ON ANOTHER PARTY’S LIABILITY

•Judges Can Read•It’s the Norm

•The Negotiation

CONTRACT MANAGEMENT SOFTWARE

Real Life

Avoid the Mess

Features You Want

ANALYZE CONTRACTS BEFORE CALLING YOUR LAWYER  The agreement should have a time frame if any aspect of your

transaction will occur in the future. If you are the party delivering the services or goods, make sure that you are allowing yourself enough time to complete the job. If you are the party receiving the goods or services, make sure that the delivery schedule conforms to your needs. If you want to contract for month-to-month services, make sure that you are not signing an agreement that obligates you for a longer period.

PLAN FOR THE END OF YOUR CONTRACTS

• Note the obvious symptoms• Watch for the non obvious symptoms

EXIT STRATEGIES

Exit Door

Five Points1. First, consider who can terminate your contract.

2. Second, think about what you have to do to end the contract

3. Third, consider how long it may take to cancel tour obligation under the contract.

4. Fourth, think about where you would want to settle any dispute that might arise from your termination of the contract (read, l-a-w-s-u-i-t).

5. Finally, think about all the situations in which you might reasonably want to cancel your contract, and make sure that sure that your exit strategy covers you for all of those scenarios.