Develop Phase: Selling Goods and Services - Contracts for services

9 important questions on Develop Phase: Selling Goods and Services - Contracts for services

Which terms should be involved in a contract for services?

  • Scope of services (state the business objective or purpose)
  • Timeline for performance and payment
  • Charges and payment
  • Liability

Which type of charging and payment are known and in which case are they used?

  • Pricing may be fixed in cases of well defined or repetitive services
  • pricing may vary in case of not well defined services

Describe Intellectual property and what it is about?

Intellectual property is a creation of the mind, such as literature, a design, a piece of art, software, or an invention.
It is  granted special legal protection depending upon the type of work that it is.
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What are common types of intellectual property?

  • Patents protect inventions for 20 years (generally)
  • Copyright works of authorship the protection generally lasts years beyond the life of the author It at are in a tangible form as books, music, and artwork.
  • Design Rights (UK) are similar to copyright and may be registered or unregistered. The period of protection for an unregistered design is only  years).
  • Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Can be renewed for ever.
  • Trade secrets information that companies keep an advantage over their competitors.

On what types of reasons can a contract be terminated?

To end a contract clauses are divided into termination for cause and termination for convenience.

What means termination for convenience?

This allows a party to terminate a contract simply because it no longer suits their purposes.
The will not allow the seller to terminate for convenience. Buyers insist that only they are allowed to terminate for convenience.

What means termination for cause provisions mean?

include the specific reasons for which either parry may end the contract.
Seller insist that the contract may be ended in the event of non-payment or bankruptcy.
is not uncommon to have a force majeure basis for termination, which is triggered when a major event outside the sellers control makes impossible. 
Buyers insist on the ability to terminate the contract for any significant breach by the seller.

What does the statement of work (SoW) describe?

This document describes the essential functional and technical requirements for services, including the that will be used to determine whether the requirements have been met.
It identifies measurable or verifiable performance and acceptance criteria.
document is generally an exhibit (appendix) to a service contract specifies terms relating to the provision of services in general.

What is the SoW representing?

working document that will be used by different parties to oversee and manage the transaction. Clarity simplicity and thoroughness are key attributes to minimize confusion and dispute and to provide a good baseline for assessment of change.

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