IT systems and services

This subtopic includes guidance and precedent documents relating to the procurement and use of IT systems and the provision of IT services. IT systems can include software, hardware or both, as well as associated communications networks. This subtopic supplements other topics and subtopics dealing specifically with IT outsourcing, cloud computing, software and telecommunications.

Systems development and integration

System development agreements govern a wide range of projects from the straightforward to the large, complex and costly. The objective is usually simple: to create an IT system meeting the customer’s needs in a trouble-free way, by an agreed time and for an agreed price. However, this simple ambition often masks a mass of complexity reflecting the underlying complexity of IT systems themselves.

Practical matters, including the methodology for the project, the components of the system and how the system should work in real-life conditions, each fundamentally affect the issues that a development agreement must address. Without a clear working knowledge of the commercial and technical issues, there is a good chance that lawyers will produce contracts which are divorced from reality and inadequately address the risks.

In addition,

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