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Was presented with this contract to sign today

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    Was presented with this contract to sign today

    I think somebody may have got the wrong end of the stick...

    5.7 The Contractor acknowledges that:
    (i) all rights in the System Product developed by the Contractor shall vest in the Client absolutely and
    (ii) it is not entitled to any source code relating to the System Product.
    5.8 For the consideration of the fees paid by the Client the Contractor will:
    (i) provide a maintenance service to the Client on the System Product as defined in clauses 5.9 and 5.10 throughout the term of any agreement signed
    between the Client and its customers, which involve the provision of System Products; and
    (ii) be responsible for the future development of the System Product and in particular ensuring its continuing compatibility with subsequent versions of the
    Client’s product(s). For the avoidance of doubt this obligation shall continue and survive termination of this Agreement.
    5.9 The Contractor will at no additional fee or sum for the period of 10 years from date of written acceptance of the System Product by the Client correct or procure the
    correction in accordance with the timescales specified in Schedule 6, of any failures of the System Product to perform in accordance with the System Specification
    which are fully identified in writing by the Client to the Contractor.
    5.10 The Client may produce maintenance releases of its software, which uses or is integrated with the Software Product from time to time and the Contractor shall for the
    period of 10 years from date of written acceptance of the System Product by the Client update the System Products to ensure that such updated System Products
    shall operate with the Client’s maintenance releases as they did with the Client’s original software. Such updated System Products will be supplied to the Client at no
    additional fee. The parties hereto shall agree a delivery date for such update System Products, which date shall be no later than three months from date of
    notification to the Contractor by the Client of its maintenance release availability.
    I nearly shat myself, then told them to take a running jump...
    ‎"See, you think I give a tulip. Wrong. In fact, while you talk, I'm thinking; How can I give less of a tulip? That's why I look interested."

    #2


    10 years!!!! You've got to be having a giraffe!

    Ludicrous. Name and shame the client?
    It's about time I changed this sig...

    Comment


      #3
      Originally posted by MrRobin View Post


      10 years!!!! You've got to be having a giraffe!

      Ludicrous. Name and shame the client?
      Can't do that - but it's a major banking software firm.

      Still quite pissed off with them though as I thought they were going to use the contract I got from the PCG, then they spring this crap on me the day I'm due to start.
      ‎"See, you think I give a tulip. Wrong. In fact, while you talk, I'm thinking; How can I give less of a tulip? That's why I look interested."

      Comment


        #4
        Just form a new Ltd for this contract then close it.

        Comment


          #5
          Just adjust your rate accordingly...by a factor of 20 or so should cover most eventualities for the next 10 years!

          Comment


            #6
            Originally posted by Sockpuppet View Post
            Just form a new Ltd for this contract then close it.
            Good idea.

            Comment


              #7
              Originally posted by Crossroads View Post
              Just adjust your rate accordingly...by a factor of 20 or so should cover most eventualities for the next 10 years!
              In all seriousness, that is the answer. You had quoted a rate based on long-term maintenance being provided by the client (possibly by subcontracting to you as needed). Now what they are doing is in effect subcontracting you already for the next 10 years. Of course the fee for an extra 10 years on the contract is higher.

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