xxiv • Preface
of upgrades to IT infrastructure or approval for that next big soware
or outsourcing project. IT spending might not be your company’s larg-
est expense, but it is probably among the top two or three. While your
company may not focus on IT and might constantly question the millions
of dollars’ worth of equipment, soware, and professional services that
comprise your IT infrastructure, it’s a sure bet that the company wouldn’t
survive long without it. ink about what your day would be like today if
your e-mail system was down for even an hour or two, let alone several
days. What would happen if your website suddenly crashed and the com-
pany could no longer take orders? How much would productivity suer if
your document management system was suddenly inaccessible, or if the
data stored in the system disappeared? What would the reaction be if your
payroll system went down and people didn’t get paid? How much lost pro-
ductivity would result if your customer relationship management (CRM)
system crashed and your sales force couldn’t access information it needed
to contact clients and sell products? What would the result be if your com-
pany’s data security system failed and customer and employee data was
suddenly accessible outside of the company?
When IT fails, businesses may lose revenue, suer harm to their reputa-
tion, compromise the security of and lose data, face regulatory sanctions
and liability, lose competitive advantage, and be exposed to lawsuits from
their business partners, customers, investors, employees, and sharehold-
ers. Failure of IT can literally mean that the “lights go out” for a business.
e fact that IT is a (if not the) most critical component of your company,
without which your company may suer considerable harm, is the reason
we wrote this book.
is book is designed as a Rosetta Stone of sorts for IT contracting.
It presents a distillation of the most critical business and legal lessons
learned from decades of draing and negotiating virtually every type of
IT-related agreement. In a single volume, you can quickly access infor-
mation on almost every type of technology agreement and immediately
understand what the agreement is intended to do, the critical business and
legal issues that must be addressed, tips and best practices for negotiation
of key terms of the agreement, and the most common pitfalls typically
encountered. e information is presented in a highly accessible hand-
book form, intended to provide you with immediate tools to more intelli-
gently address issues in technology contracting and how to negotiate those
types of agreements.