A Legal Guide To TECHNOLOGY TRANSACTIONS A COVID-19 Update…

IDENTIFY KEY PERSONNEL

Have you met the vendor employees assigned to manage your account once the agreement is in place?

When considering a technology solution or vendor, the buyer is typically persuaded not just by the technology itself but the people who they meet during the sales process. Vendors are most attentive and responsive before the agreement is signed and the deal consummated. During this courtship period, the vendor introduces their best and brightest employees. While these individuals may primarily be sales people, it may be appropriate to interview the specific employees who may play a key role in the system implementation or any related consulting services. This is especially true if these individuals will be working at the business location or have substantial interaction with your staff. If there are any vendor employees that are particularly critical to the success of the project, the business might consider including a key personnel provision in the agreement identifying such individuals. Simply because you meet a remarkable and talented person during the sales and vendor selection process there is no assurance that you will ever see or hear from them again after the agreement is signed unless they are identified as a key person in the agreement. From the vendor’s perspective they will want some assurance that they can assign and staff the project as appropriate and use their “star” employees for multiple projects.

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