By Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors
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Extra info for A Manager's Guide to IT Law
It is important for managers to be aware of this as three-quarters of a budget for software may be for future software maintenance. The client is well advised to check how wide the maintenance supplier’s client base is (the wider the better) and to look at the offices from which the supplier will be providing the support (and how many people will be providing such support). The maintenance contract will almost certainly be prepared by the supplier. Some of the most common provisions are discussed below.
Liability turned on whether this clause was reasonable under UCTA. ICL contested that UCTA applied at all, arguing that the contract had not been on standard terms. However, the judge held that UCTA did apply: in other words, that St Albans had contracted on ICL’s written standard terms. g. delivery dates and specification), ICL’s General Conditions (which contained the limitation and exclusion clauses) ‘remained effectively 26 Systems Procurement Contracts untouched in the negotiations’, and indeed were referred to by ICL staff as ‘Standard Terms and Conditions’ in witness statements and letters.
In the past, the test data was generally supplied by the client; nowadays it is more acceptable for it to be provided by the supplier. viii) Make sure that you can get access to the source code of the software programs supplied if the supplier either goes into liquidation or stops supporting the software. Ideally, this source code should be deposited with an independent third party (see Chapter 7) and kept updated by the supplier as each new version comes out. ix) Finally, never forget that the contract is a delivery mechanism for ensuring that a project is completed in the right way at the right time by the right person and for the right price.
A Manager's Guide to IT Law by Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors