This is an interestign and increasingly contentious issue. Even as they meet increasing push-back by the courts, teh frequency of their use continues to increase in many jurisdictions - even in cases where the agreement is a zero-hours contract.
The Nordics region does appear to be one that has taken more aggressive action to limit such terms. See www.employmentlawalliance.com/Templates/media/files/Power%20Point%20Documents/Jan-26-2016-powerpoint.pdf for a very helpful summary of the situation, country by country, plus guidance on steps an employer should take to protect their valid interests.
Hi Keith, this is a very interesting question and I am glad you are undertaking the exercise.
I haven't come across a dynamic tool that would support the sort of pre-analysis you suggest, although it may be that you could adapt one of the systems used by marketing to undertake customer segmentation. Another approach could be to build relevant questions into whatever requirement definition tools you use, cuasing the business to consider the points you make regarding issues such as innovation, likelihood of change etc
In working with another IACCM member, we have developed a model that looks at three core levels of relationship and then overlays the extent to which there is potential uncertainty which would impact the nature of the relationship / terms required. I'll be pleased to discuss with you and share ideas..
• Halburton Quillan
Hi Keith. I'm also unaware of the existence of such tools.
My suggestion (assuming you haven't done so already) is to align your organisational objectives with the business cases, service specifications that were developed during the tender process, justifications for contract variations, etc. Once this has been done, identify the commonalities across the service spectrum and then compare against the performance of each contractual arrangement including the extent to which the service is being successfully delivered and then how this may relate to the business activities of the individual business unit. No mean task!
Understanding contract management within broader organisational strategy and commonality that exists between contracts is likely to yield insights into what you're trying to achieve e.g. innovation, appropriately skilled staff, etc. And by taking such an approach, it may increase the likelihood that decision-makers outside of your own business unit who may also benefit from this work will support your efforts more readily.
You may also find as a result of using this type of analysis, the requirement for knowing whether the relationship is growing, etc becomes less relevant as an end in itself - assuming of course that the appropriate aspects of organisational strategy are being delivered as intended through its contractual arrangements and that risk appetite for further value / profit-seeking under each or multiple contract(s) is not being exceeded, and is being properly managed.
Thank you for your enquiry and whilst IACCM itself is not a user of CLM Software, we are very aware of the systems that exist and our membership are indeed users of contract management software generally. We have recently undertaken a research project on "Technology and Automation" generally and you may be interested to join our webinar next Thursday and receive a copy of the report. The report details the problems being experienced currently and the opportunities for vendors, particularly when it comes to newer technologies such as AI and Blockchain amongst others. We also welcome and encourage organisations such as yourselves to engage with the market and understand requirements - those CLM organisations who are most successful adopt an iterative and agile approach to development of their products and systems, running pilots, testing to ensure relevance and continuous improvement. If you go to the Events Page of our website then you will be able to register for the Automation webinar and you will automatically receive a copy of the report after the webinar.
Transfer of title occurs when ownership of a product or asset passes from one party to another. Transfer of risk (in this context) relates to which party bears risk associated with loss or damage. While the two may occur simultaneously, often they do not. A review of INCOTERMS may assist you in understanding the variations. The rules also vary to some extent based on jurisdiction.
As an example, in some jurisdictions, risk of loss often passes when a product is delivered, but title may not pass until payment has been received. In others (such as the US), passing of title and risk of loss may be simultaneous, but the supplier retains a security interest (right of repossession). As you will see from this example, it is important to understand the linkage between these varoious rights and obligations.
• Reliance Defence Limited
• GE Oil & Gas
Additionally Title Transfer conceptually is how the parties want to address revenue recognition and Tax liabilities, considering ownership transfer is a taxable event.
Risk of Loss, if it is not defined in the contract is assumed to be happened on delivery for supply contract.
The Royal Decree of January 14, 2013 (Belgian Official Gazette February 14, 2013) to determine the general rules of public procurement and public works concessions are fully applicable to all projects (regardless of the amount) for construction works, deliveries and services ordered by KU Leuven taking into account the following special provisions and any exceptions that are listed in the specifications or price request. The full text of this Royal Decree can be found on www.ejustice.just.fgov.be/wet/wet.htm or may be obtained from Central Purchasing upon simple request.
Please refer to admin.kuleuven.be/td/aankoop/english/algemene_aankoopvoorwaarden_EN.html And in case you cannot find the entire text in English, you can take this into consideration: www.lexgo.be/en/papers/public-administrative-law/public-procurement/new-regulatory-framework-for-public-procurement-will-enter-into-force-on-1-july-2013,80836.html
• Sun Pharma
Pl find below. You may retrive by using the following given links.
There is one official channel for Belgian public procurement contracts: the
application e-Notification (https://enot.publicprocurement.be). Enterprises can
find all the Belgian public procurement notices on this platform. As from January
1st, 2011, the Belgian Public Tender bulletin (BDA) (an annex to the Belgian
State Gazette) has been integrated with the Federal Public Service Personnel and
Organisation (FPS P&O). However, it is still possible to retrieve contract notices
published before 1 January 1st, 2011on the Belgian State Gazette website
(www.ejustice.just.fgov.be/cgi/welcome.pl). Also as from January 1st,
2011, the public contract notices published on e-Notification will count as the
official publication in the BDA. The practical modalities for both companies and
contracting authorities can be consulted in official notice 2010/02053 published
on September 6, 2010 in the Belgian State Gazette
(www.ejustice.just.fgov.be/cgi/api2.pl 06&numac=2010002053&lg=nl). The official announcements can be found on
the e-Notification site (https://enot.publicprocurement.be). The site also contains a
link to the official announcements published prior to January 1st, 2011.
I'm not sure what aspect of security reporting you are seeking information about. However, you may find this article and the links it offers will be helpful. searchsecurity.techtarget.com/IT-security-auditing-Best-practices-for-conducting-audits
Your question is not clear. First of all, did the client place an order on service provider for developing an estimation specifying certain amount as a fee for the services? If so, irrespective of client disapproving the project, service provider is entitled to receive the fee.
There could be another scenario wherein the payment of fee may be dependent on client approving the project. If that is the case, service provider will not be entitled to claim the fee.
Besides, in case of continuing relationship between clients and service providers, many a times, clients ask service providers to develop an estimate for new projects. Service providers carry out such estimation as a good will gesture. So there in no question of any payment arising out of such good will gestures.
So it all depends upon the specific case.
• Atos IT Services UK Ltd
Providing outputs/deliverables are clearly stated that they include a charge for effort undertaken, then I would expect the client to pay for that effort, regardless if the work is subsequently taken forward or rejected.
For example, a level of effort to write proposals for a client may be part of a contract offering however, if a client asks for indicative costs and then subsequently a firmer offer 'capable of acceptance' is requested then you may feel this would entail a level of detail and complexity considered chargeable.. This would then be for client to accept the firm offer or not but the effort to write the proposal would remain chargeable.
There are great challenges in ensuring that long-term relationships deliver benefits to both parties. This is somewhat of a rule, and yet so many contracting professionals ignore this fact when they design the contract and relationship prior to entering them. Poorly anticipated exit rights usually lead to a lose-lose scenario.
We need to ensure contracts and relationships clearly define the exit rights even though we hope to never use them. If the exit plan is defined for both parties, it allows those parties to best determine and demonstrate the value of continuing the relationship.
Thank you for your message and the criteria that you list above are indeed the 5 criteria that we assess against for any Design Award.
There are several tasks that you can undertake to self-assess your contract in advance of any submission and I hope that the guidance below will help you:
Design: Does the design make the contract clear and easy to read? We look for a large and legible font, with generous line spacing, and margins. We also look for a good visual organization, with sections and sub-sections easy to find. And we look for diagrams, bullet lists and tables where they would make the content clearer. Many organisations are now using design techniques in their contracts, this includes use of icons, diagrams, flowcharts, swim lanes to delineate customer, supplier and mutual obligations and so on. We would be happy to provide you with some examples of these if you are interested to see what other organizations are doing.
Language: How understandable are the words in your contract? We look for everyday words, direct language ('we' and 'you', with active sentences), and short sentences. The text must also be coherent - try to avoid frequent references to other documents that the reader may not have or be able to find. Have you adopted an approach of using plain english? One way of checking for this is to undertake a Flesch-Kincaid readability test - there are several free tools online that will allow you to take a chunk of text and run an assessment to see how the language in your contracts scores.
Relationship: How far does your document go to help cultivate a positive relationship among the contracting parties?Are you able to demonstrate through existing use cases that your contract documentation underpins the relationship that you intend to achieve - have you surveyed the "users" of your contracts to assess their view of its relative success in providing clarity and supporting achievement of the overall outcomes. We look for a document that is appropriate to the knowledge and skills of its readers, whether they are purchasing professionals, small business owners or citizens. We look for clear contact points, and ways to resolve issues.
Content: What is your content and is it organized to deliver your document's purpose? Is the content customized and relevant to the recipient, or is it dominated by generic clauses that require interpretation? Is the scope clear, and is it clear what actions are required, and on what occasions?
Balance: Do the terms of your contract generate a sense of collaboration and trust? Is the document in both parties' mutual interest, or is it one-sided when it comes to dispute resolution, responsibilities, the right to change or terminate? Does it provide mechanisms to avoid and prevent disputes?
We would be delighted to hear from you if you have further questions and if would like to submit your contract template for an award; you can contact me directly at email@example.com.