IT-Contract Law is mostly subject to important peculiarities and is considered a special technical subject matter; it is classified as part of copyright protection legislation, as well as other forms of protective law. Contract Law does not only regulate the drafting of contracts, but also take care of related IT process management matters and judicial issues.
Standard Software/ Individual Software/ EVB-IT/ IT-System Contracts
IT contracts can have disparate start content regulations. A contract on standard software comprehends some business elements, even if it is called a „license agreement “; the software from Cloud need to consider a previously created account by means of a product key and that account – e.g. – can only be closed or opened.
Individual Software are usually characterized by work-related components. Here, there is always the necessity to shape the IT- Contract Law from the point of you of the IT company, so that a kind of “service contract” can be concluded even in the case of “unsuccessful” consequences. Also in this case, the will of the parties and the provisions agreed by the jurisdiction have to be taken into consideration.
The supplementing contractual IT-terms concern a comprehensive contract model of public administration. There are different kinds of software-contracts and it is really common to see contracts with mixed software and hardware technologies or similar; this has to be taken under control.
Warranty in IT-Contract Law
Depending on the contracting element, there are commercial / contractual / atypical peculiarities to be taken into account. The warranty in purchase law takes place only whether a defect exists. Defect means a deficiency of the actual characteristics of the product in question. Both this legal concepts depend on typed errors. If a function – which has been agreed upon – is missing, there is a functional error or a lack of function. These sorts of errors are generally delimitated by an operating error. Another typical deficiency concerns the lack of bandwidth, such as the deviation of the agreed speed etc. Referring to this matter, many other causes are also possible. One of the most common errors is the missing of appropriate documentation. Advertising promises are also considered a frequent “defect-factor”, as the results expected are sometimes not veridical. In the hardware and telecommunication technologies, building defects are the most common (such as connection errors or loud fans).Even if a deficiency exists, the legal situation in not always clear; supplementary performances, reimbursement of expenses, compensation for damages etc. can be taken into consideration. Please consult one of our lawyers if you want to know more about these IT-contract law related matters