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UNFAIR SUBSCRIPTIONS
SAFEGUARD AGAINST RISK of UNFAIR SUBSCRIPTIONS:
Unfair subscriptions have an imbalance of rights and obligations, including a lack of total cost transparency, misrepresentation of products and services and failing to provide options for cancellation without penalty.
INCLUDE THIS PROTECTION IN AGREEMENT
- Client may cancel agreement at any time (any payments made are non-refundable)
A detailed plan, including a complete list of tasks, commitments, milestones and skills and hours required for successful onboarding.
SMOKE STACKING
SAFEGUARD AGAINST SMOKE STACKING:
When software vendors oversell level of integration of products in a tech stack.
INCLUDE THIS PROTECTION IN AGREEMENT
Integrations between products are integrated to the level represented in sales demonstrations with no additional set up, update or support fees outside contract.
CLOUD CUFFING
SAFEGUARDS AGAINST RISK of CLOUD CUFFING:
When software vendors charge license or subscription fees before the client is live, while also keeping client data hostage.
INCLUDE THIS PROTECTION IN AGREEMENT
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Defer subscription fees and/or licensing fees until client is live and;
- AP payments are paid through software,
- Payroll runs &/or Payroll service export is completed through software,
- Client is posting to GL and;
- Entry of historical AIA/progress billings details to enable accurate retention billing.
- Lifetime user license shall be grandfathered into any future agreements.
R&D REDIRECTION
SAFEGUARDS AGAINST R&D REDIRECTION:
When software vendors collect similar fees from all customers in all industries while functions and workflows mostly benefit a core group of customers (i.e.: GC’s only).
INCLUDE THIS PROTECTION IN AGREEMENT
- Ensure annual support fees are aligned with demonstrated value delivered over previous 3 years of functions in product's release notes.
OVERAGES & OVERRUNS
SAFEGUARD AGAINST OVERAGES AND OVERRUNS:
When vendors understate cost of deployment.
INCLUDE THIS PROTECTION IN AGREEMENT
- Vendor shall provide complete deployment plan with GMP for successful GO-LIVE.