COVID-19 Disruption Terms
During 2020, we developed terms to address Covid-19: a clause that lets the customer suspend professional services and provides a procedure to restart. It looks
July 28, 2021
During 2020, we developed terms to address Covid-19: a clause that lets the customer suspend professional services and provides a procedure to restart. It looks
“Don’t cross the streams,” says Egon in Ghostbusters (the 1984 original). “It would be bad.” Why? “Try to imagine all life as you know it
This article has been superseded by an updated version. Some intellectual property indemnities exclude claims about IP registered after the contract’s effective date. The tech
Cloud services providers often say they can’t negotiate their SLAs. All customers get the same SLA, so customizing terms for one customer would require changing
IT providers often argue that they can’t negotiate service level agreements (SLAs). They’re right in most cases, but with important exceptions. SLAs govern procedures for
An assignment clause governs whether and when a party can transfer the contract to someone else. Often, it covers what happens in a change of
Contract drafters regularly confuse cloud services with traditional products and services. They approach software-as-a-service (aka SaaS) and other cloud services as if they were either
The one hour webinar David Tollen presented on December 3rd is now available online. Click here to access it through our host, The Western Banker’s
On August 26, David Tollen will be speaking at the 2019 Education Summit & Regulatory Compliance Conference — a Western Bankers Association (WBA) event. David
Most SaaS vendors rely on automatic renewal terms — and love them. If the customer doesn’t think to cancel shortly before the term ends, the
Please click here for an updated version of this post. The feedback license appears in many tech contracts. It usually gives the vendor a broad,
Recently, I sat down for a “Thought Leader” discussion on the Coming to the Table video podcast. It’s a program on the future of negotiation, hosted by
Some businesspeople and lawyers debate whether proposed contract terms would be fair. I think that’s an unhelpful view of contracts, for two reasons. First, it’s
Colin Levy just posted an interview with our founder, David Tollen. Colin is corporate counsel at Salary.com, and he runs a great blog about legal
We’ve updated this post with a new version. Please click here. By David W. Tollen Your client or colleagues wants “friendly” contract terms, to avoid