Deal Makers

Praise for 'Deal Makers' Acknowledgements Preface 1. The Sales Prevention Squad is on your side! Those who sell and those who don't The Squad are there to keep you out of trouble You may be perceived as a 'lion hunter' Life's too short for internal battles Contracts can help you sell 2. The contract provides your 'User Guide' for the relationship Contracts are just tools - how you use them is up to you! Relationships need rules Creating your User Guide: the three main functional areas Your contract should be easy to understand! How to make a legally binding contract 3. The small print matters - so keep your lawyers on side 'Small print' and 'legalese' are not helpful but they're still common This book will help you understand key legal concepts and contract terms but it won't turn you into a lawyer! If your lawyers trust you, life will be easier and sales will close faster Find the right way to engage with legal counsel - one that works for you and your organisation 4. What you're selling should match what the client's buying The no.1 reason for contract disputes Writing good specifications can be tough Proposals, SoWs and Order Forms Find out what your client thinks they're buying Value = meeting the right wants and needs for an acceptable price Use 'acceptance' to check you've done what was agreed 5. Help your clients make the project a success Understand who you're selling to Lack of clarity about client contributions causes problems Your client will appreciate this conversation 6. If you want your commission, help your company get paid! Linking your personal success to the company's Define clear invoicing milestones Define clear payment terms Make sure your company gets paid! Give yourself tools to address late payments 7. The way you deal with problems shows your true mettle Warranties - addressing delivery problems Addressing problems with scope Make customer support a key selling point If all else fails, escalate - practical dispute resolution 8. Why limits and exclusions of liability are important Litigation is a losing game A limit of liability 'caps' your exposure if you breach the contract Liquidated damages aren't always as bad as they sound Exclusions of liability prevent the client claiming certain sorts of losses You must leave the other party with some remedy Indemnities don't help anybody Check your insurance before making concessions 9. Confidentiality and Data Protection protect business and personal data respectively You have an automatic right to confidentiality but the contract can make it stronger and easier to enforce Confidentiality should be mutual The EU Data Protection Directive has changed the global data protection landscape International data transfers are complex (and getting more so...) Freedom of Information or breach of confidence? 10. Intellectual property rights are rights in our intellectual creations Different classes of IPRs are 'protectable' by law If you own an IPR, you control the right of others to use it Enhancing your product for a client creates a complex IP landscape Software licensing models are evolving all the time 11. A whistle-stop guide to the 'legalese' at the back! Applicable Law Assignment Contracts (Rights of Third Parties) Act 1999 Endeavours - Best and Reasonable Entire Agreement Force Majeure Independent Contractor Notices Severability Survival Term and termination Time is of the Essence Variations 12. Manage the contracting process to improve forecasting Now you understand the nuts and bolts, you can take control Be clear about your objectives Understand the client's objectives Use the negotiator's toolkit to become a more effective negotiator Getting your deal to signature is cause for celebration! Onwards and upwards About the author