A Brief Introduction of Information Technology Agreements
Most companies have dedicated IT departments or software engineers who deal with everything related to technology. However, in today’s time, freelance work and remote work have picked up momentum. Due to which companies have started hiring information technology experts on a contract basis. Individuals can also require IT professionals for various services.
The agreement signed between these IT professionals and the company or individual is known as the Information Technology Agreement. This process ensures that time and money are not wasted, and a qualified person is hired on a contract basis. For those who don’t need a full-time IT professional, this is a great option.
The agreement includes the roles and responsibilities of both parties. It also includes all the terms and conditions. The agreement protects both parties from any dispute or breach.
Who Takes the Information Technology Agreements?
Information Technology Agreement is drafted by a company or an individual who needs an IT professional for an IT service or more. It can also be drafted by the IT professional himself. However, both parties need to sign the agreement for it to become a legally binding agreement. Both parties can also decide to add the name of a mediator in the agreement who can mediate in case of any conflict.
Purpose of the Information Technology Agreements
Information Technology Agreement is signed so that both parties know their responsibilities and obligations. An agreement like the Information Technology Agreement specifies the deliverables and their deadlines.
Here are some more reasons why you must sign the agreement –
- It ensures that a freelancer IT expert gets the project
- It ensures an individual or a company gets an expert to work with them
- It saves cost
- It saves money
- It builds a trust relationship between both parties
- The company can use the expertise of the expert
- It ensures that there are no disputes and misunderstanding
Contents of the Information Technology Agreements
Like any other agreement, the Technology Agreement will also have basic details of both parties. Basic details include
- Names, addresses, phone numbers, etc.
- Further, the agreement must include the services that the IT expert will provide.
- Deliverable list with time.
- Terms of the agreement.
- Details of compensation.
- Termination Policy and Security.
- Governing laws
- Dispute resolution methods.
It is important to note that the freelancer or contractor may sometimes deliver the work late, in such a case, if you want to impose a penalty on him, you must mention those in the agreement. In addition, the agreement must also list down the obligations of the company. Data security and data privacy are two extremely crucial inclusions of an IT agreement.
How to Draft the Information Technology Agreements?
Before drafting the agreement, The company or individual who needs IT services should tell the IT professional about their requirements. Further, the IT expert will quote them for the services. Both parties can then negotiate and decide on the late delivery penalty applicable.
Further, they can also decide timelines. It is important for both parties to understand the state laws protecting them. They should also understand clauses such as termination, force majeure, etc. It is only after understanding the agreement entirely; parties should sign on it. Parties can also add the details of a mediator if they want.
IT professionals mostly know the market value and charge accordingly. However, the client always wants to negotiate. Negotiations are a very important aspect of any agreement. However, both parties should come on the same page, eventually. Negotiations should be made in a way that no party feels disappointed.
Benefits & Drawbacks of the Information Technology Agreements
There are multiple benefits of an Information Technology Agreements. A well-drafted agreement is bound to help all involved parties. If you or your company can’t draft such an agreement, you can also take the help of an attorney.
Here are a few pointwise benefits of Information Technology Agreements –
- It ensures a company or individual gets professional help in less cost
- It provides opportunities for freelancers or contractors
- It ensures all details related to services are listed down at one place
- It protects both parties
- It is a legally binding agreement
- It makes work systematic
- It makes work less hectic for an organization or an individual
There are no disadvantages to signing this agreement. It only benefits the parties involved.
What Happens in Case of Violation?
In case of any violation, parties must refer to their agreement and check all clauses. In most cases, the agreement solves the problem. If this doesn’t work, then parties must take the help of a mediator. If the mediator fails to help in case of a breach(1), then parties must take the help of the court. We all know that the court’s proceedings are time-consuming and energy-consuming. Thus, parties must try to resolve the dispute among themselves.
An Information Technology Agreement is an extremely important piece of document. It is a subset of a freelancer’s contract. It should be treated with caution. There are many IT services, such as software, app development, web development, hardware related, etc. The organizations are in need of such talent all across the world. An agreement remains paramount before starting any professional relationship with the client. The key clauses should be well researched by both parties so that there is no confusion later on.