07 Mar 2022

What is IT-right?

Well-functioning software is crucial for every company. Whether it is a production company or a service provider. The choice for new software is therefore an important moment. Both for the supplier and for the customer. The supplier has a duty of care here. After all, he knows that software is often crucial to the customer's business operations. The customer must ensure that his wishes and expectations are made clear and that he raises the alarm in time when things threaten to go wrong. Still, things sometimes go wrong. The customer buys a car and expects a Ferrari. The supplier delivers a Volkswagen and thus has delivered a car. The customer is not satisfied. And then the automation process may have failed.

What do we do?

  • Preliminary phase: we supervise the process leading up to the contract (formulating wishes and requirements, defining functional requirements, scope document);
  • Drawing up the contract: establishing who does what, when, how, general conditions applicable, etc. But also agreements about user rights, what happens to data, how the supplier maintains the software (service level agreement), what if the customer wants to continue with other software, what if the supplier no longer supports the software, etc.
  • Execution of contract: we advise on the implementation of the software, how to deal with delays ('fatal deadlines'), is the supplier fulfilling his obligations, how and when to complain, how and when to formally declare him in default, etc. Sometimes conflict mediation can offer a solution. For example, via the Technology Arbitration and Mediation Institute.
  • Failed automation process: We advise on the timing and content of a notice of default, rescission of the contract, recovery of paid amounts, claiming additional damages, experts to be called in, etc. We have experience with IT procedures at the civil court and with arbitration at the SGOA. But sometimes alternatives are a better solution, such as first focusing on completion of the automation process (by a third party) and only then settling the conflict legally.
  • We act for suppliers and buyers. We therefore know the ins and outs of both positions.

Do you have any questions in this area? Then contact us without obligation.