When a client hires a service provider to develop an IT solution, both parties have obligations to fulfill.
The client must pay the agreed price and work with the provider to implement the IT solution as per the contract. The service provider, on the other hand, must advise the client on the best way to implement the project and deliver a solution that meets the requested specifications.
The provider’s obligation to advise varies according to the client’s skills, and he must therefore adapt his level of advice accordingly.
Cases of disagreement during delivery are not uncommon. For example, in a case decided a few years ago, a hotelier managing a luxury hotel was surprised when his new website was delivered that it did not include an online payment method. The hotel owner lost in the first instance, then won on appeal. You can read the whole case here.
The pace at which new technologies are maturing makes it even more essential to carefully analyze the contract or the terms and conditions that will bind the client and the service provider.
For the client, the question to ask is important: if the delivery of this software is delayed or does not meet my needs, what will be the impact of the delay when new tools are available to my competitors more and more regularly? Can I take the risk of spending 1 to 2 years in proceedings to bring a tool that is essential for my company into compliance?
For the service provider, the question is equally important. If the non-compliance with the client’s expectations leads to a significant delay in the development of his company, or even a drop in his turnover, is there not a risk that the amount of compensation will be much higher than the amount covered by my insurance?
We can help you reread and correct your contracts and GTCs to take into account the acceleration of the arrival of new tools, including new generation AI.