Free Ebook Contract Negotiation Handbook: Software as a Service, by Stephen Guth
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Contract Negotiation Handbook: Software as a Service, by Stephen Guth
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A Hands-On Guide for Contracting in the Cloud. Stephen Guth's latest book zeros in on the high-stakes negotiations of Software as a Service procurements. Covering topics from audit rights to data privacy to service levels, the Contract Negotiation Handbook: Software as a Service dissects a cloud computing contract line-by-line with easy to understand explanations, preparing you to successfully counter service provider negotiation ploys. Based on years of real-life experience, the practical negotiation tactics described in this how-to book could save you money on your next cloud computing procurement and protect you from taking on unnecessary risk. Whether you're an attorney, a procurement professional, or just looking to get the best possible deal, this book has something for you. Don't negotiate your next cloud computing contract without it!
- Sales Rank: #378671 in Books
- Brand: Brand: Guth Ventures LLC
- Published on: 2013-01-05
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .57" w x 6.00" l, .75 pounds
- Binding: Paperback
- 250 pages
- Used Book in Good Condition
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 Users
- Service Levels and Liquidated Damages for Non-Performance
- Subscriber Audit Rights
- Emergency Maintenance
- Stealth Maintenance
- Changes in Functionality
- Data Security and Privacy
- Location of Data and Services
- Data Ownership and Extraction Rights
- Compliance with Laws
- Development and Testing Environments
- Effect of Conflicting "Click-Through" Agreements
- SaaS-Specific Escrow
- Force Majeure
- Backup and Recovery
- Business Continuity
- Viruses and Malware
- Scalability of Data Storage Amounts
- Intellectual Property Rights
- Proprietary Rights Indemnification
- Technical Support
- Termination Transition Assistance to a Successor Service Provider
- Cooperation with Other Suppliers
- Use of Subcontractors
- Auto-Renewals
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.
About the Author
Stephen Guth has provided negotiation services, as both a buyer and a seller, to numerous multinational companies. Stephen is the author of The Contract Negotiation Handbook: An Indispensable Guide for Contract Professionals, The Vendor Management Office: Unleashing the Power of Strategic Sourcing, Project Procurement Management: A Guide to Structured Procurements, and Hotel Contract Negotiation Tips, Tricks, and Traps. He also blogs on procurement and contracting topics at www.stephenguth.com.
Most helpful customer reviews
6 of 6 people found the following review helpful.
So far it's been very useful!
By Al Torres
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.
3 of 3 people found the following review helpful.
Great understanding of the human elements that make negotiations so challenging
By Kelly McCarthy Barner
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
[…]
3 of 3 people found the following review helpful.
Excellent information to help anyone in Sourcing lift their game
By F. Diaz
Very straightforward and full of practical and aggressive ideas to minimize risk and take the advantage and control of the agreement requirements process
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