Legal Guidance Within IT, Energy & Infrastructure
At Tinsdills, we have a dedicated team of business law solicitors who can advise on all aspects of IT and software arrangements. We can also advise on a range of energy and infrastructure projects, with particular experience in the bioenergy sector. More business services include:
Trusted Legal Partner For Outsourcing IT and Software
As the world becomes increasingly globalised, most businesses rely on IT and technology for at least some of their processes. Often, businesses will have a need to outsource IT and software requirements and, as such, your business will be relying on a third party for the smooth running of that side of your business. A robust IT agreement will be crucial in ensuring that the third party in control of your IT and software products is held accountable and that your relationship with them is properly regulated. Having an agreement in place which governs the use of software, copyright, database rights, data protection issues and related confidential information matters is vital to the proper running of a business. Our team of specialist business law solicitors is on hand to provide the commercial, legal advice you need when outsourcing your IT and software needs.
In addition to being able to assist with IT and outsourcing services, our team of business law solicitors is well-placed to advise your business on a range of energy and infrastructure projects. The legal advice we offer covers the whole life of the project, from the formation of joint ventures, the structuring of shareholder arrangements, and financing, private wire and energy services arrangements, construction, consents and dispute resolution.
At Tinsdills, we are passionate about the work we do and are committed to delivering first-class client service. We are able to tailor our team of solicitors to your requirements, assembling the specialists you need to ensure the smooth running of any given project.
It is generally advised that an IT or software agreement should provide for service levels against which the supplier’s performance can be assessed. Service level provisions in an agreement will often be included as a schedule to the agreement and will include a clear statement of the expected end results. Service levels will often reference response times in the event of a system failure, levels of seriousness for failure and the agreed action and turnaround times to deal with any issues. The service levels for each contract will be different and will depend on the nature and needs of your business. It is also important to specifically provide in the agreement the consequences for failing to meet service levels, whether in the form of service credits or the ability to terminate.
Whether contained in the IT outsourcing or software agreement itself, or in a separate data processing agreement, it is important to ensure that the data processing relationship between supplier and customer is set out in writing and in adequate detail to ensure compliance with UK data protection laws. The agreement should state who is the processor and who is the controller (or, if the parties are joint controllers or controllers-in-common, the circumstances around the same). It should also set out the obligations of each party and the consequence of non-compliance.
A power purchase agreement is a form of offtake agreement and is a contract made between an electricity generator and the party proposing to purchase the power generated (known as the offtaker). The agreement will usually be a long-term contract, incorporating the commercially agreed terms between the parties for the sale and purchase of electricity as part of an energy project. The power purchase agreement provides a route to market for the electricity generated by the generator and, in the case of renewable energy generating stations, the associated green benefits that the generator receives for generating electricity from renewable sources.
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