Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
This week we are delighted to feature a guest post from Olivia Whitcroft.
Picture the scene: it is 1993 and the forward-thinking Telecommunications Manager at Big Industry Ltd has decided to introduce e-mail communication. A provider is selected, phone lines and modems are discussed, and fees and set-up dates are agreed. A contract is drawn up and sent (by post) to the provider for review.
It soon becomes clear to the provider that he has been sent an agreement for fax machine maintenance. It details response times for fixing hardware faults, and addresses paper and ink cartridge replacement. He raises these concerns and is told that Big Industry will accept a few tweaks, but there is no time for lengthy negotiations. The provider therefore signs the contract and the parties move forth into the unknown territory of providing e-mail within a framework of fixing fax machines.
This story represents the frequent disconnect between the terms of technology contracts and the services which are actually being provided. With the rapid development of technology, small providers are often first on the scene with innovative opportunities, but insufficient time and resources are given by their (often larger) customers and partners to consider a bespoke contract. The provider is presented with "standard" terms which range from something slightly inappropriate to complete nonsense!
More up-to-date examples include mobile app services under contracts for face-to-face or web delivery; or resellers of technology services appointed using end user agreements. Software development agreements often do not reflect intended use of source code or copyright. Provisions on use of data are frequently unsuitable: identifying one party as a data processor, when it clearly behaves as a controller; promises to keep data in the UK, when it is entrusted to a US cloud pro
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234