Sign The Contract
Only when you are fully satisfied that you have acceptable solutions to all of the points above should you sign the contract. You need to check your own organisation's procedures and regulations to identify who in your organisation is authorised to sign the contract. The checklist below may help to recap the main points.
| Contract Point | MIS | VLE | Notes and Variations |
| Agreement Period | Yes | Yes | Variable or fixed term. If fixed term, check the Eduserv site for agreements |
| Post-termination of Agreement period - possibility for outright purchase? | Yes | Yes | Possibility of continuation of use by prior arrangement and usually payment of a reduced annual fee. This could include support and new releases |
| Type of licence: e.g | |||
| Full site? | Yes | Yes | Dependent on size of institution measured in FTEs / per server, with limit of student seats per server / Dependent upon registered users |
| Number of users based on FTE (Full time equivalent) count? | Yes | Yes | |
| Number of users based on concurrency? | Yes | Yes | Licence may not be available on this basis. Variations may include number of servers (with limit of 1,500 per server) / Number of student seats |
| Rights issues: e.g. | |||
| To whom does the data and content belong if institution stops using the service? | Yes | Yes | Usually the Institution. In some instances the ownership of the content depends upon the licence. |
| Hosted services: e.g. | |||
| Is there a disaster recovery plan for off-site hosting? If so, what is it? | Yes | Yes | If required, provided at extra cost |
| Requirements: e.g. | |||
| Integration with other systems | Yes | Yes | Variable, need to check which systems have been tested. Requirements should be agreed as part of the contract. May not be possible with pilot or basic system. |
| Product Support: e.g. | |||
| Included in cost? | Yes | Yes | If yes, but variable as to exactly what is included. e.g. Standard phone and email support only. Premium support is extra and priced on application. May not be included but charged on an annual basis |
| Any limits on support calls? e.g. Mon-Fri 09:00-17:00; maximum number of calls?; limited number of contacts at site? | Yes | Yes | This varies from vendor to vendor. The type of support required should be clearly stated and agreed in the contract. There is usually no limit on the number of calls, but there may be on the time of day. It is useful to have a named contact for support. |
| Previous versions supported? | Yes | Yes | This may be for an agreed period or for a fixed period after the new version of the software has been made available. |
| Perpetual use? | Yes | Yes | A possibility with some vendors. |
| Authentication and Security: | |||
| Whose responsibility is systems security? | Yes | Yes | Usually, security is customer responsibility. For hosted services, vendor assumes all responsibility |
| Integration with authentication systems | Yes | Yes | Some vendors offer integration with authentication systems and routines such as Kerberos (network authentication protocol) and LDAP (lightweight directory access protocol). |
| Franchise Agreements | |||
| Specific mention may be required to cover franchise agreements (home and overseas) | Yes | A distinction is usually made between registered and enrolled students. Agreement may be possible to distinguish between students enrolled on a franchise programme and the FTE of their institution. | |
| Cost of Training: | |||
| Timescales and rates must be included. Are the rates daily, weekly? What is included and what are additional costs? | Yes | Yes | Basic training is frequently provided as part of the agreement, with additional days costed per day. Need to check if such items as consultants' travel and accommodation are included; also if training is on-site or remote. |
| Other staff: Who should do the training? Different levels of training? |
Yes | Yes | Some vendors offer specific training for different groups of staff e.g. IT Admin, Academic staff. Requirements must be clearly stated and agreed. |
| Cost of Maintenance and Support - On site hosting: | |||
| All Aspects | Yes | Yes | May be available but for negotiation |
| Other Support Services: | |||
| Content advisory service? | Yes | Some vendors offer content development - process on application | |
| Other support tools/services? | Yes | Yes | 24/7 and other premium services may be available at an additional cost |
Having got your signed contract let's hope you put it away and never need to look at it again!
Acknowledgements
JISC infoNet is grateful to Helen Phillips of Dickinson Dees and Ralph Weedon and John X Kelly of JISC Legal for advice on the preparation of this infoKit. The infoKit however remains a summary of JISC infoNet staff experience and should not be taken as representing the views of either Dickinson Dees or JISC Legal as definitive legal advice.
Contract Checklist
What is included, or not included, in the contract varies from supplier to supplier. The table above is an attempt to show areas that are subject to the agreed contract.
Eduserv negotiates affordable licence agreements with leading providers of software and data resources for universities and colleges in the UK and Ireland.
