In today's digital age, signing technology agreements is a routine part of business operations. However, these contracts can contain provisions that could significantly impact your business's future flexibility and data control. Here, Chad Ogden, president and owner of QFloors, provides seven essential factors to consider before signing any technology agreement:
- Data Ownership and Access Rights Many companies now include clauses in their contracts that limit or restrict business data ownership. Before signing, ensure you maintain full ownership rights and can access your complete database, not just portions of it. Ask specifically about database backup access and data export capabilities.
- Website Content Ownership For website agreements, verify who owns the content created during your partnership. Some providers may retain ownership of content, making it difficult to transfer to a new platform. This can affect everything from your written content to SEO rankings if you decide to switch providers.
- Domain Name Control Ensure your company maintains ownership and control of your domain name. Some website providers register domains under their name, which can create significant problems if you want to change providers later. Always maintain direct ownership of your domain name registration.
- Support and Training Costs Look carefully at support and training provisions. Some companies offer limited initial support hours but charge premium rates for additional assistance. Understanding the full scope of support costs is crucial, as they can significantly impact your total investment.
- Content Update Capabilities For website services, verify the process and timeframe for making routine updates. Some providers take weeks to implement simple changes like updating business hours or promotional content. Ensure you clearly understand how updates are handled and the expected turnaround time.
- Exit Strategy and Transition Plans Before signing, understand what happens if you need to change providers. Ask specific questions about the process, costs, and potential challenges of transitioning to another service. This includes understanding any ongoing access fees to historical data.
- Subscription Model Terms With more services moving to subscription models, understand the full implications of these arrangements. Know what happens to your data and access if you stop paying or downgrade your subscription. Consider whether there are options for maintaining minimal access to historical data at a reduced rate.
The landscape of technology agreements is evolving, with some providers introducing more restrictive terms in their contracts. While hiring an attorney for every agreement is unnecessary, businesses should carefully review these key points before signing. This is particularly important when working with essential business systems like Enterprise Resource Planning systems or website platforms where switching providers can be complex and costly.
Remember that these considerations apply whether you're working directly with a technology provider or through a buying group. Even if you trust your buying group's vendor selection, it's still essential to understand the specific terms of your agreement.
By carefully evaluating these aspects before signing, businesses can better protect their interests and maintain flexibility for future changes in their technology needs.