Some intellectual property indemnities exclude claims about IP registered after the contract's effective date. The tech provider argues that it shouldn't be responsible for IP it didn't know about when... read more →
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 procedures used for everyone. That's... read more →
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 fixing broken technology, as well... read more →
Contract drafters regularly confuse cloud services with traditional products and services. They approach software-as-a-service and other cloud services as if they were either software products or old-style services, like professional... read more →
On Wednesday, October 2, David Tollen will join a distinguished panel to present a webinar on service level agreements. The program starts at 10:00 a.m. PDT (1:00 p.m. EDT) and... read more →
The Tech Contracts Handbook warns website operators not to rely on browsewraps: contracts posted online without a click-to-agree requirement. In fact, the book warns against any contract executed or even... read more →
By David W. Tollen Many tech contracts require that one or both parties “comply with applicable law.” Or they require compliance with specific laws, like “all privacy laws and other laws... read more →
By David W. Tollen Problem Your contract’s force majeure clause says hurricanes, earthquakes, wars, and other disasters excuse the vendor's service obligations. But the contract also has disaster recovery and... read more →
By David W. Tollen Many tech contracts include terms like the following: "If Customer disputes an invoice in good faith, it may withhold the amount in dispute but shall pay... read more →
By David W. Tollen This is the fourth in a series of five posts on Open Source in Software Procurement. Click here for the prior post, and click here for the intro, which... read more →
This is a good article from the ABA's Business Law Today publication: Online Contracts: We May Modify These Terms at Any Time, Right? In short, no, it doesn't reliably work to tell... read more →
by David W. Tollen and Nathan Leong You’re a lawyer looking for online software and other tools to run your firm—tools like email, word processing, calendaring, timenotes, legal research, and... read more →
By Phil Brown and David W. Tollen Lawyers love tradition, but many clients want to communicate with 21st Century tools. Texting, Skyping, SnapChatting: all of these would mystified most lawyers... read more →
We’ve posted a new contract in the forms library — and it’s available in MS Word (no charge, as always). It's meant to serve as a customer's primary contract for... read more →
Capterra's IT Management Blog just published an article by David Tollen: 5 Simple Rules for Negotiating Software and IT Contracts. It's a customer-focused articles, addressing five mistakes customers tend to... read more →
This article is a report I prepared for one of the parties in litigation outside the United States. I served as what American courts would call an expert witness. This... read more →
Managing and sharing big data creates technical challenges unlike anything found in traditional data-sharing relationships. But big data contracts don’t involve a whole new field of legal knowledge. If you’ve... read more →
When one party has to protect information belonging to the other, we tend to pull out a nondisclosure agreement: an NDA. Or if we don't want a separate NDA, we... read more →
