There are specific issues to consider if you are considering entering into an agreement with an ASP for software.
These include:
Operational issues – specify how users will access the software and service from the ASP provider
Consideration – details of compensation for the ASP provider
Payment terms and procedures
Software – customisation, integration and configuration
Hardware – location and site requirements, responsibility for loss and damage and access
Installation, training and support – explain the process and the ASP provider’s obligations
Maintenance – describe the ASP provider’s obligations, response times and maintenance charges
Documentation – detail the documentation to be provided and whether copies will be given to each user
Upgrades – definition of an upgrade and the upgrade path
Promotion and branding – describe both parties’ obligations to promote the software to staff
Non-exclusive relationship – the client must understand the software is being provided on a non-exclusive basis
Security – discuss any special security requirements the client may have
Limitation of liability – address the issue of liability to repair or replace the software
Term of agreement
