Not-for-profit Law
Legal help for community organisations

IT agreements

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IT agreements are often vitally important to not-for-profits. Common IT agreements include:

  • software licences

  • web-hosting agreements

  • cloud services agreements

  • internet service agreements

  • telephone or other communication agreements

  • hardware purchase and maintenance agreements, and 

  • website or software development agreements

There are key legal issues your organisation may need to be aware of when entering into an IT agreement, especially when an Australian organisation enters into an agreement with a provider overseas. It’s always important to read the terms of the agreement.

Issues in IT agreements which may give rise to legal risk include:

  • clarity about when the agreement starts

  • automatic renewal (where you sign up for a certain period and the contract automatically renews unless you give notice)

  • the need for clear descriptions of the product or service being supplied

  • the incorporation of additional documents into the IT agreement by the supplier

  • unilateral changes to the IT agreement by the supplier (that is, changes which do not need to be agreed by the other party)

  • warranties for defects

  • overseas providers and determining which law applies - this can mean is harder to enforce your rights under the contract if you have an issue with your service

  • indemnities, limitations and exclusions of liability, and

  • data security and privacy

For more detailed guidance on IT agreements, see our fact sheet 'IT Agreements' below. This fact sheet summarises features of common IT agreements, outlines key legal issues your organisation may need to be aware of when entering into IT agreements and sets out how to manage risks associated with IT agreements.

Extra Resources

Related Not-for-profit Law Resources 

See our webpages on:

  • Understanding Contracts  includes resources on contracts, Consumer Guarantees for not-for-profits and Unfair Contract Terms

  • Intellectual Property includes information on intellectual property, including ownership, protection and infringement of intellectual property, and selling and licensing of intellectual property

  • Privacy includes information on privacy law

Other Related Resources 

Last Updated: 20 July 2020