Tailored for the technology sector, Be Amorgos supports the management of contractual and commercial relationships.
Suppliers, channel service providers or customers in the provision or use of technology solutions generally seek these contractual outcomes:
- Aligned and reasonable contractual terms with counterparties
- Structures that enable revenue growth (alliance) and cost efficiencies
- Efficient internal processes and templates for contractual market engagement
- Conflict avoidance and continuance of commercial relationships
Achieving these outcomes can involve greater risk or complexity when an organisation moves from domestic market engagement to international market engagement.
What we do
1.Create and deliver aligned and reasonable contractual terms concerning the supply or acquisition of technology solutions:
The procurement or sale and delivery of technology solutions and services can involve many related and interdependent items and activities. In the procuring and contracting phases there is risk of misalignment of expectations or understandings or omissions (whether technical or commercial).Once delivery commence there are similar risks, whether arising from unforeseen complexity or circumstances or omissions (https://beamorgos.com/services/mediation-of-it-disputes/avoiding-conflict-and-improving-dispute-resolution-for-it-projects/).
Based on extensive international experience with all stakeholders (whether procurement,sales,technical & delivery or executive) for sector focused IT solutions, we approach contractual engagement with the technology context as the prime focus. Often working with technical stakeholders, we will scope and understand the technology solution and services, the architecture and delivery complexities and risks that need to be addressed.
With this baseline, we then shape and deliver balanced contractual approaches that promote alignment on key understandings, dependencies and address risk allocation in relation to any of the following:
- Solution and services scope
- Agreed technical requirements
- Demarcated delivery responsibilities per phase
- Development methodology (e.g. waterfall or agile or hybrid)
- Deployment context ( on-premise, cloud or hybrid)
- Project governance and escalation
- Demarcated Supplier and user IP rights
- Financial terms and resourcing obligations
- Dependencies on, and management of, customer end user participants or subcontractors or alliance providers
- Regulatory, industry, methodology or informational security (incl. personal data) compliance
- Ongoing service levels (SLA or KPIs) and solution/service enhancement obligations
2.Structures for revenue growth (alliance) and cost efficiencies:
Alliance engagement for product and services owners is a key contributor to scalability, revenue and brand growth. In order to achieve these objectives the following core contractual understandings need to be put in place:
- Mutual business objectives
- IP rights demarcation
- Financial and resourcing commitments
- Market development obligations
- Performance obligations and metrics
- Built in flexibility for further alliance development
We can support you in negotiating mutually beneficial and collaborative commercial and performance terms that underpin long term commercial objectives. We bring 18 years of engagement in relation to channel relationships including SI partnering, distribution, reselling or specific joint ventures.
3.Efficient internal processes and templates for contractual market engagement
For technology parties (whether supply or buy side), repeated inefficient approaches internally impact opportunity prospects and success. For example, in responding to tenders reinventing the wheel by different teams is inefficient or can add risk (e.g. inconsistent risk allocation or mitigation).
Standardised processes or market facing contract templates provide consistency concerning performance scope and standards or intellectual property rights demarcation. These also assist in contingent risk balance sheet management.
Having experienced divergent and sometimes chaotic engagement, we are experienced in creating:
- Training content that promotes efficiency & knowledge building for commercial and contractual engagement.
- Standardised responses and Contract templates that address commercial and technical content in relation to contractual processes (e.g. bid responses).
4.Conflict avoidance and continuance of commercial relationships
Technology construction, supply and use, compared to construction of physical assets, continues to evolve (arguably rapidly in the last decade) and party to party engagement remains affected by performance obligations or expectations, financial issues or resources misunderstandings (https://beamorgos.com/services/mediation-of-it-disputes/avoiding-conflict-and-improving-dispute-resolution-for-it-projects/)-any of which can lead to dispute and escalating conflict.
Based on diverse conflicted engagements and their resolution we can either:
- Deliver negotiated contract workarounds–by facilitating dialogue and isolating and demarcating key issues, as an alternative to increasing costs, losses and arbitration or litigation paths; or
- Undertake a Mediation appointment (as a neutral)-the founder, a NZIAC panel mediator for IT software & services engagements can undertake a mediation process to assist in conflict resolution (https://www.nzdrc.co.nz/person/gerard-doolin/).
In summary our services categories are:
- Risk analysis, strategy and shaping contractual solutions
- Advanced contract negotiation and execution and related project management (incl. management of external legal advice)
- Contractual engagement process standardisation
- Conflict avoidance and resolution
We can assist you with these engagement categories in particular:
- Bid support for solution implementation or outsourced services (local, regional, global)
- Software development, implementation, integration and/or service provision (on premise a/o cloud) & support and maintenance
- Transformational consulting
- Application or infrastructure outsourcing (on premise and/or cloud transformation)
- Preferred supplier services frameworks
- Strategic alliances/channel partner engagement incl. distribution, reselling, teaming, sub-contracting or other partnering (country, regional or global)
- Support for investment or divestment, acquisition or mergers specifically due diligence or integration review, restructure and harmonization.