Outsourcing agreements are becoming more widespread as more and more work is done remotely. For example, the design, development and maintenance of websites and IT systems is often now outsourced.
The main issues which should be covered by an outsourcing agreement include:
- Clarifying the goods and services to which the agreement relates
- Conditions which must be met
- Insurance requirements
- Termination provisions
International outsourcing agreements
As the internet makes even small businesses global, it may often be necessary to consider the contract laws of two or more countries when drafting an outsourcing agreement.
Different levels of protection in different countries for issues such as confidential information make it imperative to take professional advice before entering into an outsourcing agreement.
When acquiring systems for your business it is also important to consider intellectual property. For example:
- are you entitled to modify software to better integrate with your business?
- What if the original provider goes out of business, can you enlist a third party to support your systems?
As intellectual property rights are territorial, you may need to secure IP rights in other countries before engaging outsourced services.
Template agreements bought online would be inadequate to protect your interests.
Any important business contract should be drafted and negotiated with your needs in mind. That is the best way to manage commercial risks.
We are experienced commercial solicitors with extensive expertise in outsourcing agreements.