Hi Mary Jo - great question. We've tried to take a lot out of the workload by investing up front in standard templates as much as possible. If you're only then putting in place objectives and milestones and special conditions to deal with unique risks whilst keeping the rest as identical as possible, we found that we've saved a lot of time and effort out of the process. Our former solicitors / lawyers were a little bit upset though !
Where possible, we've also tried to align legal manager to a procurement category. That helps balance things out but that way, they also see that there are themes or risk that might resonate within that area or require a new standard contract term.
Hope this helps
Hi Darren, Thank you for your response. Can you clarify what you mean by "we've also tried to align legal manager to a procurement category"? Would a procurement category be a business segment?
• Fire and Emergency NZ
Hi Mary Jo - sure. Business segment, category or team - by whatever name, we're talking the same.
Hope that this helped, and would love to hear any comments as to how others have done this as well ! b
I would expand to the inclusion of customer name/logo use in marketing material as there would typically be some sort of agreement prior to such marketing material being used. Maybe strike the language or amend to clarify?
• Philips India Limited
I have had experience when we signed non-binding MoU for JVs. The most likely scenario would be that the JV partner may like to advertise to the greater world that they have signed on a path breaking MOU etc., especially if these partners are listed entities. So its advisable to make it explicit that disclosing the existence of agreement covers not just "verbatim" disclosures, but other modes as well - including social media...unless explicitly agreed between the parties.
I agree with the other replies here, the NDA should cover marketing material. It's common courtesy to check the other party is ok with this being shared and customers I have had have explicitly blocked this as a company policy.
Whilst it's the way that a lot more suppliers seem to be going, if you think about this in with your procurement hat on - and that is what's going to happen at the end of 3-5 years - it's tough to see you doing anything but just rolling this over (and over and over again) as someone else has all of your data on their server.
At the risk of being awfully contentious, my own experience is that in a lot of circumstances, there's little consideration of whole of life costs - especially with that thinking about what's to happen in 3-5 years. Right now, many of these purchases done right now are flying under the radar of procurement teams because they're below procurement limits or just being called operational expenditure within business delegated authorities.
That said, one of the benefits that I've also seen is that upgrades happen automatically on the server of the host without the business having to create teams to do this, especially where there was a major upgrade - which were previously a big financial impact on many businesses.
Hope that this is useful.
New International Technology Co.