elgin ward icn senior trainer. disclaimer the recommendations discussed in this class are not...
TRANSCRIPT
Elgin WardICN Senior Trainer
Disclaimer
The recommendations discussed in this Class are not intended to be and do not constitute legal advice. Before making any changes to your documents, methodologies, or practices, CAUCUS and ICN strongly recommend that you consult with your attorneys and other professionals.
Level Setting
The Big Red Button for Software Maintenance (MX)
What is decided up front?• There will be MX
• Type of MX
• Payment plan for MX
• Budget commitment
• Who pays for MX
• No more decisions – MX is preapproved
Level Setting
What difference does it make anyway?• Annual spend
• Direction
• How MX sales are compensated
How profitable is MX for Vendors?• Public declarations
Story #1• A valuable legacy
First Deadly Sin – Auto Renewal
Maintenance (MX) is a contract How can contracts renew?• Simply, renew automatically (evergreen)
• Auto renew unless written cancellation notice given at least 60 days prior to expiration
• Modified renewal, like month-to-month
OR
• By agreement of the parties
First Deadly Sin – Auto Renewal
Why is auto renewal a Deadly Sin?• Customer internal critical review
• Negotiation leverage
Why is negotiation leverage important?• Changes to MX agreements
What options give Customer greatest negotiation leverage?• MX contract is allowed to lapse
Potential adverse effects?
First Deadly Sin – Auto Renewal
What options give Customer greatest negotiation leverage? (cont’d)• Auto renew unless written cancellation notice
given at least 60 days prior to expiration SUGGESTION: Unless Vendor gives Customer
advance written notice of option window at least 30 days before window starts, pro rata extension of window
• Auto renew month-to-month on same terms and conditions until Customer gives 30-day advance notice of termination
Second Deadly Sin –Failing to prepare for Renewal
Renewal can and should be a negotiation
Successful negotiations require preparation• Story #1: Lady said, “I do MX renewals”
Why is failure to prepare a Deadly Sin? What resources are needed to prepare?
Second Deadly Sin –Failing to prepare for Renewal
What does Customer need to prepare for MX renewal negotiations?• Knowledgeable staff
• Time
What role, if any, is played by Customer executive support?
Third Deadly Sin –Ignoring existing Contracts
Rights and obligations for MX must be specified in Contract documents
What Contract documents contain MX terms?• Software License Agreement
• MX Exhibit to Software License Agreement
• Separate MX agreement
• Amendments
• Professional Services Agreement
Third Deadly Sin –Ignoring existing Contracts
Vendor practices vs Contracts• What is the Vendor’s billing practice for MX?
Standard billing for all Repeat last year plus auto increase
Story #1• Invoice for 10% increase
Story #2• Invoice for $1,000,000 standard MX
Fourth Deadly Sin –Understaffing
Why is MX renewal oft assigned to 1 or few employees?
What could be done to encourage assignment of personnel to MX?
How many contracts can 1 person read and effectively analyze per day?
Fourth Deadly Sin –Understaffing
Importance of a business case for Staffing Story #1• In Trucking, you snooze, you lose
Elements of a business case• Identify opportunities
Direct savings Operational improvements
• Document actual savings
• Document operational improvements
Fifth Deadly Sin –Having no improvement goals
“If you don’t know where you are going, you’ll end up someplace else.”
–Yogi Berra
Does the Vendor have a MX goal and plan for the Customer?If the Customer doesn’t have a MX goal and plan, whose goal and plan will the Customer follow?
Fifth Deadly Sin –Having no improvement goals
Why is no improvement goals a Deadly Sin? In what areas might a Customer have MX
goals?• Money
• MX Service Levels
• Customer operational performance
• Customer Data collection
What would a Customer MX plan look like?
Sixth Deadly Sin –Keeping no or few MX Records
What MX records could the Customer keep?
Possible benefits of keeping records? Story #1• Anecdotes vs facts
If the Customer keeps no performance records, whose records will be relied on?
Sixth Deadly Sin –Keeping no or few MX Records
Why is keeping no MX Records a Deadly Sin?
What resources are needed for record keeping?
Seventh Deadly Sin –No internal alignment
Story #1• Who’s driving the train?
How is MX sold?• FUD
• Vendor expense accounts Who spends more time with Vendors?• Employee with 500 MX Renewals per year?
• IT Management
• Other Business Unit Stakeholders
Seventh Deadly Sin –No internal alignment
Why is non-alignment a Deadly Sin? How can the Customer address non-
alignment?• Financial data
• Performance data
• Description of IP grants and i-Limits
• Cross-functional teams
• MX goals
• MX plans
Other Deadly MX Sins
IP grant does not allow for flexibility with MX (no self MX, no 3rd party MX, or combinations)
Billing in advance rather than arrears SW license not separated from MX MX not stoppable without re-
instatement fees MX not partitionable, parkable
Other Deadly MX Sins
MX not based on Customer requirements Customer template not used for MX
agreement Customer not require Vendor to provide
Root Cause Analysis for MX failure Customer not requirement Vendor to
provide copy of MX data it collects Not managing MX as an IT service project
Questions?