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Information Technology Outsorcing Transaction - Halvey K.J.

Halvey K.J. Information Technology Outsorcing Transaction - Wiley Publishing, 2005. - 649 p.
ISBN-10 0-471-45949-6
Download (direct link): informationoutsourcingtransactions2005.pdf
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о What performance standards will apply during transition/ implementation?
20. Customer Satisfaction
о Will Vendor be responsible for any type of customer satisfaction reporting?
о Determine pool of employees surveyed (e.g., management, end users).
о How will the results of such surveys be used (e.g., as basis for performance standard)?
21. Benchmarking
о Determine whether the agreement will include any benchmarking procedures (e.g., benchmarking of services or prices).
о Develop benchmarking procedures (e.g., scope of benchmark, group against which services/prices will be benchmarked).
о Identify benchmarker (e.g., third party, Vendor group).
о How will benchmarking results be reviewed and how will changes, if applicable, be implemented?
22. Sarbanes-Oxley Considerations
о Determine documentation and training requirements.
о Are any special reports required (such as SAS 70)?
Appendix 4.2 Key Issues in Offshore Outsourcing Agreements 179
23. Compliance Issues
о Identify any regulatory/governmental requirements (e.g., timing, notice, consent). (Note: These requirements are typically driven by the type of transaction, e.g., rules governing accounting services, and the type of organization receiving services, e.g., rules governing financial institutions. In addition, compliance issues may vary from country to country or if the transaction involves more than one country.)
о Are the software, equipment, systems, or other materials owned,
used, or provided by Vendor in providing the services capable of
correctly processing and/or operating without errors or omissions relating to the occurrence in or use by such software, equipment, systems, or other materials of dates or date-dependent data, including from different centuries or more than one century?
о Are the software, equipment, systems, or other materials owned,
used, or provided by Vendor in providing the services compliant
with guidelines set forth by industry-specific regulatory bodies?
о Determine which party is responsible for ensuring compliance. Allocate costs of compliance due to changes in laws, rules, or regulations after commencement.
о Identify any license/permits required to be obtained by Customer and/or Vendor.
о Consult with legal, regulatory, tax, and audit departments.
24. Transaction-Specific Issues
о Identify any transaction-specific requirements (e.g., for warehouse distribution transactions, provisions regarding liens; for real estate management transactions, insurance, and environmental obligations; for accounting services transactions, provisions regarding accounting standards and filing deadlines).
о Consult with legal, regulatory, tax, and audit departments.
25. Customer Responsibilities
о Identify Customer’s responsibilities (e.g., provision of supplies, computers, parking).
о Will Customer be providing any space/facilities to house Vendor’s employees? What are the terms of Vendor’s use (e.g., sublease)?
о Is Customer retaining staff necessary to perform the retained responsibilities (e.g., management, definition of requirements, approvals)?
26. Service Locations
о Where will Vendor be providing the services from? If such locations are not Customer locations, are there any restrictions on where Vendor may provide services from?
180 Ch. 4 Outsourcing Contract
о Will the service locations be dedicated to Customer or shared facilities?
о Describe physical security requirements. Are uniforms or other identification required? Does Customer or Vendor have specific codes of conduct?
о How will breaches of security be handled?
о Are there any environmental concerns?
27. Management Procedures
о Will the parties develop management procedures to be used in connection with the provision of the services?
о How will change control be handled?
28. Reports
о Identify the performance and other reports that Customer currently generates or receives with respect to the services being outsourced.
о Identify those reports that Customer wishes to receive from Vendor.
о Establish deadlines for each report.
о Will Customer be required to review the reports within a specific time period?
о How will errors in reports be handled?
29. Data
о Discuss procedures for handling Customer data. What are Vendor’s use rights?
о How will errors in Customer data be handled?
о Describe data security requirements at service locations. Are passwords required?
о How will breaches of security be handled?
30. Proprietary Rights
о Establish Vendor’s right to use Customer proprietary methodologies and technology during the term and after expiration/
termination of the agreement.
о Establish Vendor’s right to use during the term and after expiration/ termination of the agreement methodologies and technology licensed by Customer from third parties and used in connection with the provision of the services.
о Establish Customer’s right to use Vendor’s proprietary methodologies and technology during the term and after expiration/
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