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Contract Negotiation Handbook: Software as a Service
Ebook Free Contract Negotiation Handbook: Software as a Service
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From the Author
The Contract Negotiation Handbook: Software as a Service is written around a subscriber-favorable cloud license contract template, the "SaaS Agreement," included in the book as an appendix. The book prepares the reader to negotiate favorable contract terms and conditions with a cloud service provider's representative who sells cloud services on a daily basis and knows every negotiation ploy and tactic there is.Since the success of a cloud computing contract negotiation is dependent upon a subscriber using its own cloud contract template, the book first describes how a subscriber can best position itself to persuade a cloud service provider to use the subscriber's SaaS template.The bulk of the book focuses on contracting for cloud services and the SaaS Agreement. The legalese of key sections and provisions of the SaaS Agreement are examined through plain, easy to understand explanations. The explanations include why the described contract language is important to a subscriber, how it impacts or benefits a subscriber, and how a cloud service provider might respond to the particular contract provision.The book's contents mirror the outline of the major sections and provisions of the SaaS Agreement. While some sections and provisions are common to technology-related buyer-seller agreements, the following topics are particularly relevant to cloud licensing and ample portions of the book are dedicated to their explanation: Scalability of Subscriber UsersService Levels and Liquidated Damages for Non-PerformanceSubscriber Audit RightsEmergency MaintenanceStealth MaintenanceChanges in FunctionalityData Security and PrivacyLocation of Data and ServicesData Ownership and Extraction RightsCompliance with LawsDevelopment and Testing EnvironmentsEffect of Conflicting "Click-Through" AgreementsSaaS-Specific EscrowForce MajeureBackup and RecoveryBusiness ContinuityViruses and MalwareScalability of Data Storage AmountsIntellectual Property RightsProprietary Rights IndemnificationTechnical SupportTermination Transition Assistance to a Successor Service ProviderCooperation with Other SuppliersUse of SubcontractorsAuto-Renewals
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From the Inside Flap
Guth describes his approach in explaining the cloud services contract template included in the Contract Negotiation Handbook: Software as a Service, "I deconstruct the Master Software as a Service Agreement section-by-section and provision-by-provision, describing and explaining any tips, tricks, or traps. This book isn't an academic treatise on cloud computing contract negotiations--it's a practical, how-to guide." Says Guth, "There are a ton of advantages in moving to the cloud, but remember that your data and your functionality are not on your servers anymore--they're in the hands of the service provider, usually with other tenants in the public cloud. When contracting for cloud services, you're impliedly putting a lot of trust in the service provider. Without a comprehensive cloud computing contract or SaaS contract in place, you're facing huge risks." The book covers key contract provisions to mitigate risks specific to cloud computing and SaaS. Guth explains the financial and reputational risks, "Without robust service levels, you could suffer service performance issues that dramatically impact your business operations. Financial risks also include the ongoing viability of a service provider. Those risks, however, are not nearly as painful as responding to reporters' or government investigators' questions regarding deficiencies related to the privacy and security of your data. My book addresses all of those risks and more through clear contract language." The book includes a free downloadable Master Software as a Service Agreement contract template.
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Product details
Paperback: 249 pages
Publisher: Guth Ventures LLC; 1 edition (January 5, 2013)
Language: English
ISBN-10: 0988830809
ISBN-13: 978-0988830806
Product Dimensions:
6 x 0.6 x 9 inches
Shipping Weight: 15.5 ounces (View shipping rates and policies)
Average Customer Review:
4.2 out of 5 stars
18 customer reviews
Amazon Best Sellers Rank:
#738,149 in Books (See Top 100 in Books)
Guth dedicates a significant portion of his book to outlining common supplier tactics for manipulating or at least steering procurement people. Each tactic has a clever name, a definition and tips on how to react. Key to Guth's philosophy on managing suppliers is that less information is more, and that meetings should happen on the buyer's terms and turf. The tactics seem a little light at first passing, but it is hard to deny that from a human behavior perspective Guth has us all pegged in one category or another. It is easy to feel smug reading about the tactics that other people fall prey to, but once you recognize your own habits described in reaction to a tactic, you know it. Then you can focus on the reasons you've been doing what you're doing, what the consequences may be, and how to combat the tactic in the future. The book could use more in the way of third party references or substantiation - I happen to like quotes and additional reading lists, but that's me. Guth does say right up front that the book is a representation of his experiences, and he is true to that. The last section of the book is a very practical guide to common contract sections and how to negotiate them - confidentiality, terms v. conditions, limitation of liability. He is a lawyer after all. If you spend a portion of your time putting contracts in place, this is a worthwhile reference to have on hand.Kelly Barner[…]
I recently received this book in Kindle & paperback version. My staff and I are using this book as a guide while we craft our first SaaS template as a Service Provider and also negotiate a couple of other SaaS agreement where we are the subscriber. I've not read the entire book yet but the sections I've read were very helpful. The method by which Mr. Guth dissects the various components of the template helps us to focus in on what we should doing (or not) and helps generate discussions of alternative methods or strategies. So far this book has been worth the investment.
Technical, specific. And don't we all have to negotiate contracts? A great beside-the-desk work book for any software sales person ...
Very straightforward and full of practical and aggressive ideas to minimize risk and take the advantage and control of the agreement requirements process
Good read on tactics that can be used when negotiating and on tactics to watch out for. Quick read and I would suggest not just to procurement professionals or contract attorneys, but to sales folks too.
[Disclaimer: I'm Stephen's friend and we talk frequently about these topics.]The simple truth is that there aren't that many good resources available for people who negotiate contracts, and virtually none of them are written for someone who is a contract professional and sees vendor ploys on a consistent basis. This would seem to not necessarily be a huge deal - you wouldn't think that a negotiation handbook would need to be written to that specific of an audience.Contract professionals, however, are in a really strange position. We tend to see these ploys so many times and in so many forms that it is sometimes hard to catch the nuances. In other words, we become SO immersed in the shades of gray that we can't tell which shade is lighter or darker.Stephen's book delineates each shade of gray. He takes each ploy, breaks it down to its component parts and explains the mechanisms by which it works (and how to counter it). Then he turns the tables to discuss buyer tactics and their operation.Additionally, the Contract Negotiation Handbook covers specific language negotiation on several key contractual terms - which very few other publications even attempt. Lastly, Stephen reviews methods by which you can measure negotiation performance, in essence giving the reader the ability to measure the results of putting the Contract Negotiation Handbook's advice into practice!Overall, this book more than makes good on its promise of being indispensable. I hope you don't have one the next time we meet across the negotiation table.
Great reference
Great Read. The product arrived as expected in good condition.
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