With regard to technology, Docusign and others have fairly secure systems in place to ensure the integrity of e-signature contracts. Some organisations, however, still try to arrange in person signings where possible. In these circumstances, though, you will need to ensure that all signed contracts are stored safely and in a searchable repository as finding signed contracts remains a perennial problem for many who do not have comprehensive document repositories deployed.
With regard to your second question, many organisations have their legal functions handle the contract signature process. The larger the organisation, however, the more impractical such a set up can often be, as there are just not enough resources. Many organisations still have the sales function handling the signature process. There should be strict guidelines and processes in place to help ensure integrity and to prevent mistakes such as wrong versions being signed etc.
Hi, I would be willing to have a chat about this. I am a lawyer with more than 20 years experience and although I have not worked extensively with modular contracting, I should be able to provide some advice. Please reach out to me at email@example.com.
If I understand the question correctly, it is asking about the benefits and challenges of breaking contract terms into, for example, POs/SOWs, Master Agreements, Terms of Service, Data Processing Agreements, etc. This has certainly become the norm in the technology industry allowing for multiple purchases under a single master agreement, with the added benefit of allowing companies to amend the ancillary agreements on notice or website updates. Most deal with the order of precedence by listing the agreement order. It may, however, be better to set the order based on the nature of the term, so that updates to data processing agreements take priority over all other agreements. With respect to survival, the most common approach is to extend contractual terms until the expiration of the last PO or SOW or some period following such expiration.
This is a very broad question! Shared services is normally internal, so what sort of 'shared service' do you mean?
Critical elements will be definition of scope, provisions for change In services, charging mechanism and KPIs.
In addition to the provisions that you might find in a typical services agreement (www.contractstandards.com/public/contracts/master-services-agreement) and statement of work www.iaccm.com/resources/, I would also make sure that you cover governance, change management, and innovation. In my experience, it is likely that the Shared Services model will change significantly over the life of the arrangement and you need to make sure that there are agile provisions in place to support such changes.
If you could provide more detail, perhaps our community will be able to provide you with a fuller response.
Thanks Paul and Anonymous for your response. I'm going to propose Shared Services Model to the Customer for Service Desk and End User Computing. It is primarily resource sharing across different Customers. Along with scope of services, support level, governance, charging mechanism, change management etc., I think its also important to address Security and Confidentiality of Customer's data in the Contract.
Can you please help me with a few model clauses that can be leveraged for Security and Confidentiality pertinent to Shared Services Model ? It would be great if you can share a standard agreement which was drafted for Shared Services only.
Thank you for your post. Choosing a neutral and well understood place of jurisdiction and applicable law is often the obvious answer when parties are located in countries that are unfamiliar. The Laws of England and Wales and the Laws of Switzerland are often used as neutral third party jurisdictions not least because they have well-developed and reputable jurisprudence. I note that you are proposing to include Arbitration according to LCIA - Article 16.4 of the new LCIA rules provides that, unless the parties have agreed otherwise in writing, the law of the seat of the arbitration will also apply as the law governing the arbitration agreement. Equally you could propose the adoption of the UNIDROIT principles which you can read more on here: www.unidroit.org/contracts.
Clearly a concern with unfamiliar jurisdictions is enforceability and the quality of the overall legal system. As this article indicates, Rwanda has made major efforts to develop its legal system and understands its importance in the context of international trade www.lexology.com/library/detail.aspx