Our agreements are written in plain English, not legalese. They are drafted specifically as standardized products and are architected differently than if they were written for a specific client and then made to be generic.
Each agreement is written to address a business need and is written to be robust and so enable use for variations of that business need. For example, our Software as a Service Agreement addresses a variety of issues for our customer to consider and modify / populate their version of the agreement as applicable.
The agreements are written in Microsoft Word and with the same format and style. All ITagree agreements are written with consistency of defined terms and consistency of provisions to the extent applicable.
Where agreements are likely to be negotiated, the areas that are most likely to be negotiated are presented in a way that readily enables change through that negotiation process. Some agreements are less likely to be negotiated (such as the click through license agreement) but within these types of agreements there are areas for you to customize to your requirements before using the agreement.
We guide our customer on areas that need to be addressed by them, but all parts of each agreement can be modified by a customer so the agreements are fully customizable by you or your lawyer to meet your needs.
The ITagree checklists are provided to enable our customers to review agreements that are presented to them. The checklists are comprehensive and include a description of the relevant clause, with questions and comments to raise issues for consideration and to look out for in the agreement under review. The checklists also include descriptions of the nature and purpose of provisions.
Often it is what’s not included in an agreement that is difficult to identify. So for example, if a customer presents an agreement to a supplier, the supplier may not notice that there is no limitation of liability (meaning the supplier’s liability was unlimited). But if the agreement contained a very high limitation of liability, this is likely to be noticed by the supplier.
We have an array of additional clauses that can be added into agreements when needed. They can be added into ITagree agreements or into other, non-ITagree agreements.
Additional clauses can be needed during a negotiation when an issue is raised that is not covered by the proposed agreement. An example is a transition services clause. An agreement may not include a transition services clause but as a result of discussion and negotiation between the parties it becomes apparent that this would be useful.
Additional clauses may also be needed where an alternative approach is required to the approach used in the agreement being used. An example is where an alternative acceptance testing clause or termination clause is needed.
The ITagree clauses are available as individual products. Not all of our clause products are loaded onto the site and the clauses are regularly updated so contact us if you are looking for a clause to cover a specific situation or to provide an alternative to the clause you have in your agreement.
Negotiation Topics Registers (NTRs)
*Only available as part of Professional and Premium Plans, not available in packages or as individual products
The ITagree Negotiation Topics Registers (NTRs) have been prepared to recognize that IT agreements are often negotiated. It is common for the other party to raise issues which need to be negotiated and addressed. This is all part of aligning expectations and reaching agreement on performance and deliverables, which is important. Where agreements do not need to be or will not negotiated, the NTR is not applicable and is not needed.
In preparing the NTRs, ITagree anticipates the types of issues that are likely to be raised by the other party and provides a standardized, suggested response and alternate provisions.
For each issue, a description of the issue and a standard suggested response is provided.
The NTR also includes a standard suggested alternative clause that can be used if the ITagree customer wishes to change the clause when an issue is raised.
As the community of users of each NTR grows, the NTR is updated to reflect additional commonly raised issues. Some issues may be addressed by an update to the agreement template. Others will remain as issues in the NTR with the agreement only being changed by negotiation.
Standard updates of the NTR are provided as part of the Professional plan and the Premium plan. Also, for customers on the Premium plan, the NTR is updated on request (via an SLA) to assist with current negotiations. This means that if issues that are raised during a negotiation are not addressed in the NTR, the customer can make a service request to ITC and if the issue could be raised by other negotiating parties, we will update the NTR to address that issue.
For Enterprise customers, the NTRs can be tailored to the company's requirements (if required). Various aspects of the NTR can be customized through consultation with the customer. For example the customer's position on various issues can be included in the NTR, which guides their staff on whether or not a change to the relevant clause will be entertained.
ITagree is available to provide assistance with identifying the appropriate template (template package or individual template) and the appropriate plan (for those buying packages).
Some customers need assistance because while they understand the business need they have, they don’t necessarily link that to an agreement or negotiation resource that might be helpful in meeting that need. We help to make the connection between your business need and our templates.
If you know what you need, that's great. If not, we will help you out. Just contact us and we can make suggestions on the products we have that are likely to suit your needs.
If we don’t have the right sort of product, we will often produce it. We recognize that for each business that needs a certain type of agreement, checklist or clause, there will be other similar businesses that need the same thing. With multiple users of the same product, there is a community of use from which all customers benefit.
The 'on-boarding' phase for Enterprise and Club takes place through discussion and consultation between ITagree and the customer. With both Enterprise and Club we are creating, with you, a solution that meets your needs (including any specialized needs) and this involves reaching a good understanding of your business and relevant business issues and needs. Please contact us to discuss.
ITagree Service Desk
We are available to respond to your requests for assistance. This assistance is not legal advice. It is assistance with use of the ITagree products. For example, someone might ask what they are supposed to include in a particular schedule or for confirmation that they are supposed to delete one of the options from a certain clause. Our experience is that most customers do not need this sort of assistance but the service is available.
Configuration of ITagree agreements
Configuration services are available as a standalone extra (via one-off price) or as part of a Professional or Premium plan (as applicable). There are two standard types of configuration service available:
Style Configuration – we make the agreement look like it’s presented by your company. This includes adding your company name and logo and using your requested font. These configurations are maintained when new releases of the agreement are made available to you.
Content Configuration – some businesses want certain provisions to be included in every agreement. For example they might require that in every agreement a specific assignment provision is included, or a specific audit provision is included. We can incorporate the required provisions into each applicable agreement; just provide the clauses to us and we’ll take care of that for you. These configurations are maintained when new releases of the agreement are made available to you.
Retro-fitting service: Where customers wish to transition from using a non-ITagree form of agreement to using ITagree agreements, ITagree can assist with that transition by retro-fitting your agreement onto an ITagree agreement base. This service is provided for a one-off price following discussion and consultation with you.
Club & Enterprise
For Club and Enterprise customers, the configuration inclusions that the Enterprise or Club Members may need are discussed during the consultation phase.
For Enterprise, if required we can configure the ITagree checklists as well as the ITagree agreements.
Training of your nominated users
Essential plans and individual products:
For customers that take up Essential plans and individual products, the ‘training’ is ad hoc, as needed via service desk requests (fair use).
Professional or Premium plans:
For customers that take up Professional or Premium plans, we provide training to ensure your nominated users have the understanding they need to use the ITagree products.
Club and Enterprise:
For Club and Enterprise, training is provided to fit your requirements following consultation.
Product updates are produced in line with the ITagree roadmap, which takes into account customer feedback and inputs. Updates are available to customers that buy packages, they are not made available to customers who decide on individual products.
The availability of updates to you depends on the plan that you purchase:
Essential: 1 x update per year per product
Professional: Standard product updates as released
Premium: Standard product updates as released and customer-requested updates on request (where the requested update is such that it is suitable to build into the ITagree product).
New product roadmap - release cycle
New products are created regularly and made available in line with our release cycles (subject to plan details).
Our road map is determined from our discussions with customers and our industry insights and from specific requests. Please contact us if there is a an agreement, checklist or clauses that you would like to discuss with us for inclusion on the roadmap.