Terms of Subscription Service and Step-By-Step Guide

Our client provides a wide range of information services, including a website rich in resources, which it offers to

its business clients. We drafted the terms and conditions for our client's bespoke service, dealing with key issues

of ownership of IP, payment, confidentiality, and disclaimer of liability, amongst other things. Having implemented the new terms and conditions, the client wanted further advice as to how to respond to clients

negotiating the same.

We drafted a step by step guide intended for use by the client's sales and commercial teams when negotiating the same. In this, we agreed the top 5 concerns with the client and set out the 'best position', 'next best

position', and 'fallback position' along with an explanation of how the relevant client representative should

approach negotiation on these points. The client has since told us that this step by step guide has been invaluable for its staff and clarifies the client's position in relation to the key contractual points for its bespoke

service, with sufficient explanation in plain English so that the staff understand why and how to negotiate on these points.

We also advised on 'battle of the forms', contract formation and incorporation of the client's standard terms and conditions during the initial stages of negotiations, as well as wording to be included on its proposals to give it a

better chance of 'winning'.