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SPEAKING ENGAGEMENTS:
Author David Tollen speaks on technology legal issues.
Forms & Resources
Other Sites' Contracts & Resources
Appendix & Full-Length Form Contract
Statement of Work Form
Other Sites' Contracts & Resources
Below are links to Websites with information and other resources related to tech contracts. These resources include contract forms—some free and some requiring payment. You should be aware that these will probably need significant revision to fit your deal. A form is just a starting point! You should also remember that we’re not providing these links with any guarantee, warrantee, or even recommendation. Please see this site’s Disclaimer & Terms.
We'll be adding further links, so please keep checking this page.
Free Contract Forms:
Findlaw.com technology contract forms
Paid Contract Forms:
LawDepot.com
AllBusiness.com
WebLawResources.com
Other Resources:
Findlaw.com
AllBusiness.com
Appendix & Full-Length Form Contract
This appendix provides a full-length contract form. The form represents a combination contract: a sale of both software and services. It’s included because combination contracts include the key terms for both types of deals. If you want to use the form to help write or understand a contract that is not a combination, just delete or ignore the terms that don’t fit. For instance, if your contract is a software license that doesn’t involve services, delete the services clause (Section 2).
You are very welcome to use this form for your own agreements. But if you do, consider it no more than a starting point—and not just because your deal may not call for a combination contract. A generic form will always need adjustment to fit a deal. Review it carefully, compare it with the terms of your planned deal, and if possible, get a lawyer’s help.
The form below tries to strike a balance between providers’ and recipients’ needs. You might be better off starting with a more slanted form. And if you do use this form, consider revising it to create more slant. Form contracts used by software and services vendors generally favor the provider. They have narrow warranties, broad limitations of liability, strict payment terms, etc. Forms used by IT recipients often favor the recipient—with broad warranty clauses, strict delivery deadlines, etc.
Where else can you find sample contracts? They’re available online and through commercial forms books. And of course, you can get a form from a lawyer. Even if you don’t have an in-house attorney or other easy access to legal help, you shouldn’t have to spend a fortune to get a form. Lawyers usually have lots of forms, and a good IT attorney probably won’t need a lot of time to find one similar to your deal. If a lawyer is willing to give you a form, you can do the work of fitting it to your deal and save money. Of course, the lawyer will send you a note saying, essentially: “I’m just giving you this form, not any legal advice. If you screw up your deal, it’s not my fault, and I’m not liable.” Don’t be offended. He or she has to do that. (And the lawyer is making a good point. There’s no substitute for a good attorney, and if you can afford it, you should have him or her revise the form to fit the deal, instead of doing it yourself.) In fact, as this book’s introduction explains, the form below and this entire book come with the same precaution—all the more so because I’m not your lawyer.
If your company signs a lot of software and services contracts, consider making your own standard form. Ideally, you would have a standard contract that doesn’t need much revision for each new deal. It should be drafted to suit your particular needs, and usually it should be slanted to favor your interests. (You can always reduce the slant during negotiations if the other party objects.) If possible, have a lawyer prepare the company’s standard form. It’s one thing to risk non-expert drafting on a single deal,but this form will lie at the heart of every contract you execute. For the price of one contract, you can apply legal expertise to all your deals.
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Statement of Work Form
The Statement of Work form appearing in Section I.E.3 of The Tech Contracts Pocket Guide, has been modified to replace names, dates, and section numbers with blanks and is available for download below in Microsoft Word format.
I agree to the the terms