IT Management: Contracts Flashcards
In which contractual clause must be a legal counsel consulted?
litigation; agreeing to terms for litigation can severly restrict teh organization’s ability to pursue damages if something goes wrong
What is indemnification?
language that ensures that the vendors take responsibility for problems or issues that they cause
What can establish the jurisdiction for resolving disputes?
contracts between parties
What elements are required for the creation of a legal contract? (4)
- each party of the contract must have the capacity to agree to the contract
- there must be offer made by one party - verbal or writing (takes precedence)
- the other party must accept the offer
- both parties must exchange something of value (can be a monetary transaction for some goods)
- both parties must agree to the terms of the contract
What are common concerns when terminating a SaaS contract?
- Obtaining access to organizational data at the end of the contract
- Ensuring that its data is properly disposed of after the contract ends
- Ensuring proper termination of the contract
When is the Doctrine of Proper Law (Lex Loci Contractus) used?
when a dispute occurs over which jurisdiction will hear a case; used in the context of contract law
Who is responsible for contracts most of the time, and who should be involved to share requirements?
legal counsel is most often responsible for contracts, security team should be involved to share requirements
Why are metrics important in the contract?
they tell how the compliance with the agreement is measured
What are some of the common contractual clauses that should be considered for any CSP?
- right to audit
- metrics
- definitions
- termination
- litigation
- assurance
- compliance
- access to cloud/data
What is a contract clause?
specific article of related information that specifies the agreement between the contracting parties
