Demystifying IT Contracts

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Book Details

CONTENTS

Chapter 1 — Introduction to Technical Contracts 1
Chapter 2 — Essential Elements of a Contract 5
Offer and Acceptance 6
Consideration and Payment Terms 6
Scope of Work/Services 7
Limitations and exclusions 7
Delivery and Acceptance 7
Performance Metrics and Service Levels 8
Compliance with Industry Standards 8
Training and Documentation 8
Change Control 8
Project Governance and Meeting Cadence 9
Audit and Reporting 9
Ownership of Deliverables 9
Intellectual Property Rights 10
License and Usage Rights 11
Publicity and Marketing 11
Insurance Requirements 11
Subcontracting 12
Confidentiality and Non-Disclosure 12
Data Ownership and Protection 12
Warranties and Representations 13
Indemnification 13
Limitation of Liability 14
Third-Party Components 14
Non-Compete and Non-Solicitation 14
Legal Purpose and Compliance 14
Dispute Resolution 14
Governing Law and Jurisdiction 15
Force Majeure 15
Entire Agreement and Severability 15
Termination and Cancellation 15
Chapter 3 — Drafting the Contract 16
Organizing the Contract 16
Drafting Clear and Concise Provisions 17
Avoiding Ambiguity 17
Using Appropriate Legal Language 18
Chapter 4 — Types of Technical Contracts 19
  • 4.1—Master Service Agreements
19
  • 4.2 — Software Development Agreements
42
  • 4.3 — IT Consulting Agreement
62
  • 4.4 — Software License Agreements
75
  • 4.5 — Open-Source Software Agreements
89
  • 4.6 — Service Level Agreements (SLAs)
107
  • 4.7 — Mobile Application Agreements
124
  • 4.8 — Intellectual Property (IP) Agreements
143
  • 4.9 — Cloud Computing Agreements
158
  • 4.10 — Vendor and Supplier Agreements
175
  • 4.11 — Employment Contracts
191
  • 4.12 — Non-Disclosure Agreements
208
Chapter 5 — Global Data Privacy Laws 225
Chapter 6 — Contract Risk and Issue Management 237
Chapter 7 — Identifying Contract Risks and Issues 239
Review the contract terms 240
Consider the business objectives and risks 242
Evaluate the legal and regulatory environment 243
Seek legal advice 244
Clear Communication 247
Chapter 8 — Best Practices for Managing Contract Risks and Issues 247
Chapter 9 — Leveraging AI in Contracting 261
Chapter 10 — Key takeaways from the Book 275
Advice for readers moving forward with their technical contracts 277

About the Author

Gaurav Srivastava & Rajan D Gupta

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Demystifying IT Contracts
Pages: 288
Language: English
ISBN: 9789356038585
615 Price : ₹ 895
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