Negotiating And Drafting It And Telecoms Contract Course

INTRODUCTION

The ability to draft watertight IT and telecoms contracts is not just a valuable skill but a necessity for mitigating risks and securing the best deals. Whether you're an IT supplier or a user, understanding the intricacies of these contracts is essential to navigate the complexities of this sector. This specialized course on Negotiating and Drafting IT and Telecoms Contract is designed to equip participants with a deep understanding of IT contract structures, industry norms, and the critical trends that impact these agreements. In a competitive business environment, ensuring that your organization or clients receive optimal terms is paramount. This course on Negotiating and Drafting IT and Telecoms Contract delves into the essential elements of IT and telecoms contracts, offering practical insights into managing negotiations, understanding software licenses, addressing liability concerns, and navigating the nuances of outsourcing and IT service agreements. By the end of this Negotiating and Drafting IT and Telecoms Contract course, participants will have the tools and knowledge needed to negotiate effectively, draft comprehensive contracts, and manage them with confidence, ensuring all parties' interests are protected.

Course Objectives

Upon completion of this training course on Negotiating and Drafting IT and Telecoms Contract , participants will be able to:

• Acquire a solid foundation in IT concepts to enhance contract negotiation and drafting.
• Gain comprehensive knowledge of software licenses, including common restrictions and safeguards.
• Analyze and address liability issues in IT contracts, including strategies for limitation and exclusion.
• Engage in hands-on exercises to understand the etymology of IT projects and manage project-related risks.
• Explore the intricacies of copyright and database rights, and how they apply to IT contracts.
• Understand the unique features of outsourcing and IT service contracts, including service level agreements (SLAs).
• Identify and resolve common issues in IT contracts, ensuring all terms are clear and enforceable.
• Develop a practical understanding of third-party rights in IT contracts, with a focus on the Contracts (Rights of Third Parties) Act 1999.

Course Duration

10 Days

Who Should Attend

This seminar is ideal for professionals involved in IT and telecoms contracting, including:

• In-house lawyers specializing in IT and telecoms
• Contract managers overseeing IT projects
• Procurement managers responsible for IT purchases
• Buyers in the IT sector
• IT directors and managers seeking to optimize contract terms
• Private practice lawyers and IT consultants

Course Content

Background to an IT Contract

• Overview of tendering processes and managing pre-contract negotiations.
• Understanding pre-contract and interim documents.
• Structure and key elements of IT agreements.

Understanding IT for Contracting – Part 1

• Fundamentals of computer architecture and storage devices.
• Introduction to software: What it is and its significance in contracts.
• Basics of networks and their contractual implications.

Understanding IT for Contracting – Part 2

• The role of the internet, content, and data in IT contracts.
• Communication protocols and encryption.
• Future trends in IT and their impact on contracts.

Software Licenses

• Key aspects of software licenses, including commercial considerations.
• Differentiating between goods and services in IT contracts.
• Addressing express terms, restrictions, and warranties.
• Understanding maintenance, support, and escrow in software agreements.

Liability in IT Contracts

• Economic rationale for limiting liability.
• Legal principles, including the Unfair Contract Terms Act 1977 and relevant case law.
• Open issues and proposals for reform.

Etymology of an IT Project: Group Exercises

• Project planning and software development.
• Practical group exercises to reinforce learning.

Exploring IT Contracts Through the Ages

• 20th Century: Warranties, implied terms, and materiality.
• 21st Century: Anti-virus clauses, functional compliance, and specialist warranties.

Copyright and Database Rights

• Understanding copyright, sources of disputes, and exemptions.
• Recent regulations and the significance of the © symbol.
• Moral rights and their relevance to IT contracts.

Outsourcing and IT Services Contracts

• Key elements of service agreements and SLAs.
• Change control, supplier management, and warranties.
• Entire agreement clauses and their significance.

Addressing Problems in IT Contracts

• Litigation, ADR, mediation, and arbitration options.
• Ownership issues and practical exercises on limitation and exclusion.

Third-Party Rights in IT Contracts

• Historical context and current relevance.
• Understanding the Contracts (Rights of Third Parties) Act 1999.

General Notes

• This course is delivered by expert trainers with extensive experience in IT and telecoms contracting. The training is structured to include practical activities, theoretical discussions, group work, and case studies to ensure a comprehensive understanding of the subject matter.
• Participants will receive detailed training manuals and additional reference materials.
• Upon successful completion, participants will be awarded a certificate.
• Tailor-made courses can be arranged to meet specific organizational needs. For more information, contact us at training@skillsforafrica.org.
• The training will be held at the Skills for Africa Training Institute in Nairobi, Kenya.
• The course fee covers tuition, materials, lunch, and the training venue. Accommodation and airport transfers can be arranged upon request.
• Payment should be made to our bank account before the start of the training. Please send proof of payment to training@skillsforafrica.org.