JOHN P. O’BRIEN, TECHNOLOGY ATTORNEY

Acceptance – SaaS Agreements & Technology Licensing

Acceptance is one of the most important terms in any Consulting Services Project.

  • Most payment obligations are triggered by acceptance, so if it’s not accepted, it’s not invoiced and the Customer does not pay for the Service;
  • The Customer’s warranty rights start on the date of acceptance;
  • The Consultant is allowed to recognize revenue upon acceptance;
  • The Consultant generally does not reassign project personnel until acceptance

So Acceptance is a tremendously important event in the world of Consulting Service Project delivery whether you are the Customer or the Consultant. From the Consultant perspective if acceptance is unfairly delayed they are often forced to try to continue to deliver Services beyond those that they expected to induce the Customer to accept. One of the key issues with any acceptance clause is to place a duty on the Customer to faithfully proceed with the acceptance process upon competition. If this is not properly addressed in the Agreement or SOW it can be very challenging.

About The Author

John P. O'Brien
John O’Brien is an Attorney at Law with 30+ years of legal technology experience. John helps companies of all sizes develop, negotiate and modify consulting contracts, licenses, SOWs HR agreements and other business related financial transactions. John specializes in software subscription models, financial based cloud offerings, and capacity on demand offerings all built around a client's IT consumption patterns and budgetary constraints. He has helped software developers transition their business from the on-premise end user license model to a hosted SaaS environment; helped software develop productize their application and represented clients in many inbound SaaS negotiations. John has developed, implemented and supported vendor lease/finance programs at several vendors. Please contact John for a free consultation if you or the organization you work for is tired of trying to develop, negotiate and/or modify contracts and tech agreements of any type.

No obligation, Always Free Consultation

I am a legal professional specialized in helping companies of all sizes develop, negotiate and/or modify consulting contracts, licenses (in-bound or out-both), SOWs, HR agreements and other business related financial transactions. This experience provides a powerful resource in navigating the challenges tech companies and tech consumers face in growing their business, managing their risks and maximizing their profits.

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