While drafting a good IT contract, a lawyer must take into account the individual characteristics of a particular project and the wishes of the customer.
In this regard, the lawyers of the law firm Zilver ask customers to provide the following input data for the IT contract (at the stage of agreeing on the terms of work with lawyers, it is enough to provide information from the first section of questions, information on the second section of questions must be provided after agreeing on the terms of cooperation with lawyers at the stage of drafting contracts):
Section I (preliminary information):
- Residence of the parties of the contract.
- In what languages is the draft of the IT contract required?
- Subject of the contract: purchase of software, software development, software testing, license, IT service (support), cloud storage, release (publishing), organization and support of the IT team, etc.?
- Purpose of the contract? The end result of the execution of the contract.
- Terms of payment under the contract (advance payment, payment after the fact, letter of credit).
- Shall intellectual property rights be transferred to the performer (contractor) for the performance of the contract?
- Shall the equipment be transferred to the performer (contractor) for the performance of the contract?
- How should intellectual property rights be allocated to the results of the execution of the contract?
- Shall it be possible to assign rights under the contract (subcontracting, transferring the rights of the customer)?
- Are there special rules (policies) for privacy, working with computer systems, data protection and access to data?
- How is it planned to sign an IT contract: in paper form, using an E-signature, through special platforms (for example, DocuSign, etc.).
- Do you need the help of a lawyer in negotiations with your counterparty to discuss the terms of the contract?
Section II (clarifying information):
- Details of the parties.
- Who will sign the agreement? What confirms the powers of the signatories (charter / power of attorney)?
- Where will the contract be concluded (city, country)?
- Qualification requirements for the counterparty (for example, education, work experience, minimum annual turnover, references, ISO).
- Conditions for the implementation of the contract: place, terms, procedure for monitoring the implementation of the contract, the procedure for accepting the results of the contract.
- Payment currency.
- Is the author’s fee included in the cost of services/works or is it paid additionally?
- Is there a preference for applicable law?
- Is there a preference for the venue of the dispute (applies to international contracts between companies)?
- Special requests for liability conditions.
- Term of the contract.
- What is the procedure for terminating the contract?
Answers to the above questions can be sent to our law firm by e-mail info@zilver.com.ua.
Based on the answers to the questions in Section I, our lawyers will prepare a commercial proposal and will be able to raise subsequent professional questions on the IT contract.
Based on the answers to the questions in Section II, our lawyers will prepare an IT contract tailored to your individual interests.
We recommend to familiarize yourself with:
Legal aspects of freelancer activities in Ukraine
How can a foreign investor establish an IT company in Ukraine?
About controlled foreign companies
Automatic exchange of banking information
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