oneNDA co-founder, Electra Japonas, explains how and why standardization is innovating the way we negotiate contracts.Read more
Using third-party paper can be a bit like playing a football game on the road – if you don’t have a smart game plan, you’re going to be in trouble. That’s why it is important to have a strategy when reviewing and negotiation your counterparty’s contract template. Especially when you’re dealing with a complex contract, like a SaaS agreement. Last week’s article introduced the first two plays to consider when you’re stuck using someone else’s template. Check out this week’s article for the remaining plays.Read more
Using your own contract template while negotiating a commercial agreement has been compared to playing a football game in your own stadium. When you’re playing at home, you are familiar with the layout and there are rarely any surprises. On the other hand, when you’re playing away, there are variables that you should take into consideration. Using third-party paper can be a bit like playing a football game on the road – if you don’t have a smart game plan to review the template and identify the differentiators, you’re going to be in trouble.Read more
Saas contract experts are expected to be more than just legal experts, but also SaaS product experts. There are several approaches you can take early on in the sales cycle to streamline the contract negotiation process. For SaaS contract experts, this article offers practical tips to create a more efficient and successful SaaS negotiation before you even get to the contract.Read more
“Will restricting changes to a contract template by use of a restrictive format help speed up the contract review process?” The simple answer is NO. In fact, choosing the wrong, aka a restrictive, format will only delay the contract review process. Using PDFs in commercial contracts is on the decline. This article will provide a winning strategy for streamlining contracts the right way.Read more
Remember, you’re still drafting even while negotiating. The key to drafting a clear contract is to re-draft clearer contractual terms that correspond with your redlines and reflect the parties’ intent. The best way to accomplish this is for the party requesting a substantive change to propose the corresponding language. Here are some best practices to keep in mind for this simple yet often overlooked rule of thumb.Read more
When we think of the contract negotiation process, most of us think only of the external legal negotiation and often neglect the importance of the internal negotiation. The stronger the internal negotiation, the stronger the external negotiation. This Rule focuses on using internal redlines to get the most out of the internal negotiation phase.Read more
As a SaaS supplier, ensure that your contract gives you adequate rights and licenses to the data your customer provides you so that you can do all the things you need to do to provide the SaaS and other related services. If you collect usage data or will be aggregating your customer's data into (hopefully, anonymous) data sets, make sure that you get the appropriate rights to do so as well.
To learn more and join in the discussion, check out my LinkedIn post.