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Information Technology Contracts

Information Technology Contracts is a practical resource for IT transactional legal work.

Publication Language: English

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ISBN/ISSN: 9780409126556
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ISBN/ISSN: 9780639006109
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Information Technology Contracts is a practical resource for IT transactional legal work.

This new publication authored by leading IT legal practitioners and in-house counsel provides clear guidance on the key elements of negotiating and entering into specific contracts in the information technology industry.

Technological developments are driving business the world over and South Africa is no exception. Legal practitioners and IT Managers require a good understanding of information technology contracts as businesses deal with these on a daily basis.

Information Technology Contracts provides practice notes on different types of information technology transactions as well as the agreements/products encountered in such transactions. The continued rise in e-commerce, technological innovation, as well as the constant need for businesses to renew, maintain or update existing technology solutions, means this publication will be attractive to businesses, general and IT legal practitioners, as well as in-house legal advisers.

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Table of contents

CHAPTER_1 - Software development agreements

1.1 - General overview

1.2 - Software development agreements in context

1.3 - Determining the scope of the software development project

1.4 - Describing the services, and the role of specifications

1.5 - The requirement of certainty

1.6 - Acceptance testing

1.7 - Technical warranty periods

1.8 - Delivery and implementation of the software

1.9 - Management of change

1.10 - Intellectual property considerations

1.11 - Milestones and payment mechanisms

CHAPTER_2 - Software licensing

2.1 - Introduction

2.2 - What is a software licence

2.3 - Anatomy of a software licence agreement

2.4 - Software licensing models

2.5 - Licence fee structure

2.6 - Cross-border arrangements and tax considerations

2.7 - Other important clauses

CHAPTER_3 - Maintenance and support (software and hardware)

3.1 - Introduction

3.2 - Types of maintenance

3.3 - Description of the services

3.4 - Exclusions

3.5 - Service levels

3.6 - Source code escrow

3.7 - Term and termination

3.8 - Fees

3.9 - Customer obligations

3.10 - Third-party maintenance providers

3.11 - Other important issues

3.12 - Hardware maintenance

CHAPTER_4 - Outsourcing

4.1 - Setting the scene

4.2 - The decision to outsource

4.3 - A long-term relationship

4.4 - First formal engagement

4.5 - Choosing a contractual structure

4.6 - Describing the services

4.7 - Financial arrangements

4.8 - The requirement of certainty

4.9 - Service levels and service credits

4.10 - Benchmarking

4.11 - Intellectual property rights

4.12 - Data protection

4.13 - Governance

4.14 - Force majeure

4.15 - Breach and termination

4.16 - Exit or disengagement

4.17 - Labour law aspects to consider

4.18 - Regulated outsourcing (financial services)

CHAPTER_5 - Other IT services

5.1 - Introduction

5.2 - Reseller arrangements

5.3 - Consultancy/professional services

5.4 - Hardware procurement

5.5 - System integration

CHAPTER_6 - Online contracts

6.1 - Introduction

6.2 - The needs and the strategic objective of the customer

6.3 - Online contracts: The requirements for a legally binding agreement

CHAPTER_7 - Data protection and privacy in South Africa

7.1 - Introduction

7.2 - The concept of privacy

7.3 - Laws relevant to data privacy and protection

7.4 - The Protection of Personal Information Act

7.5 - Data security

7.6 - A data protection programme: Some steps towards compliance

CHAPTER_8 - Cloud computing agreements

8.1 - Introduction to the cloud computing landscape

8.2 - Preliminary due diligence and selecting the cloud provider

8.3 - Data protection and information management in the cloud

8.4 - Regulating the cloud environment

8.5 - Regulating the relationship between cloud customer and cloud provider

CHAPTER_9 - Regulatory framework for information technology

9.1 - Introduction

9.2 - Current laws and regulations directly applicable to information technology

9.3 - Policies, codes and bills

Appendix A: Draft privacy policy