There are a wide range of standard form agreements within this legal area. These cover different types of procurement of equipment, software and services, which on the basis of their character require different types of agreements. There are also several standard form agreements which cover procurement of equipment, software and services of the same character. Additionally, FOYEN has developed its own standards, deviation catalogues etc. In most cases, this material constitutes a very good basis for the preparation of final agreement terms and specifications. Based on the requirements and objectives of the individual supplier or customer, we prepare custom-made agreements suitable for the individual case. This will form the basis for negotiations between the contracting parties. By the preparation of this work, it is essential to understand that specifications, testing procedures, progress plans etc. are legally binding documents which need to be adjusted to the legal framework. This ensures predictability.
The mentioned work cannot be carried out in a professional manner without detailed knowledge of existing standard agreements and practice related to the contracting process. Additionally, it is essential to be familiar with the main principles applying to different issues specific for the ICT sector. FOYEN possesses all of this expertise and is thus able to provide professional advice leading to a clear contractual relationship.
Lawyers in FOYEN have been in crucial positions with responsibility for drafting The Government Standard Form Agreements, ICT Norway’s Standard Form Agreements, in addition to a number of standard form agreements for individual companies or business associations within the ICT sector. The lawyers have experience with both traditional and agile development methods, such as The Norwegian Computer Society’s PS 2000, but also “new types” of agreements such as SaaS (“Software as a Service”), “Cloud Computing”, free software, open source and open standards. FOYEN assists clients with preparation of company specific standard agreements, as well as drafting of reservations/amendment catalogues to the standard agreements generally used in the market.
FOYEN is involved in drafting and negotiation of agreements i.a. regarding the following types of agreements:
· Purchase of Computer Hardware, including System Integration Agreements
· Software License Agreements
· Implementation of Standard Software with development of customer adaptations, such as ERP, CRM, WMS, financial systems etc.
· System Development Agreements
· Maintenance and Support Agreements, including Service Level Agreements (SLA’s)
· Distribution Agreements for Hardware and Software
· OEM-Agreements
· ICT Operations Agreements, including SLA’s
· ICT Outsourcing Agreements, both including and excluding transfer of personnel
· ASP Agreements, including SLA’s
· Consultancy and Client Engagement Agreements
· Various types of Alliance, Teaming, Back-to-Back and Cooperation Agreements, entered into between sector participants
· All relevant agreements relating to infrastructure building and operation of networks for electronic communication
· Purchase Agreements relating to Telephone Solutions based on various types of technology
· Interconnection and roaming agreements
· Agreements regarding Value Added Services (Billing, Voice Mail, SMS, MMS, IN)
· All types of Agreements relating to TV rights and TV distribution (Satellite and Terrestrial, including IP-based Broadband Networks)
· All types of agreements relating to Program on Demand (PoD) and Video on Demand (VoD) via Broadband
· Agreements for delivery of Technical Equipment to the Health Sector, including ICT infrastructure as well as medical equipment