| Commission Blockers | Cry Me a River (aka why we need to negotiate contracts) | Check the Paper | In Real Life | But the Cost Estimator is Too Complicated! |
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Contract (including EULA and SSA), quote, SOW, PO
For a standard implementation (including licenses, support, and services) for a brand new customer, what needs to be included in the sales order?
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Ohio
Although we are willing to negotiate this point, our preference is for any dispute to be brought in the courts of what State?
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The amount actually paid under the contract.
Our boilerplate contract limits the total liability of Northwoods in the event of a claim to what amount?
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Unlikely. Even if a customer doesn't need any paperwork, please check with Legal as early as possible to make sure there is nothing on our end that we need (e.g., a SOW, a PO, a license agreement, etc.).
If a customer tells you they don't need a contract or other paperwork for the deal you are selling them, can you put a sales order through with nothing attached to it?
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The shopping list (we are not authorized resellers of iPads or other Apple hardware)
Where do the cost of iPads belong in the pricing workbook?
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A professional services agreement (plus a quote/SOW/PO)
If an old customer (meaning, one that only has a live EULA/SSA) purchases some services in excess of $10.000, what needs to be included in the sales order?
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Automatic renewal
What provision of our support contract do we really want despite the fact the many/most of our customers shouldn't legally agree to it?
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Payment is due the later of 30 days from the date the customer receives an invoice or on or before Project Kickoff.
What are the standard payment terms for the purchase of software licenses as part of a full project implementation?
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False. Reps do not have the authority to bind the company and the customer must produce a PO.
True or False. A verbal offer and acceptance between a sales rep and a customer is legally binding on Northwoods.
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No.
Should the breakdown of services hours be exposed in quotes delivered to customers for Firm Fixed Price projects?
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False. Never hide payment terms or other disclaimers that are embedded in the cost estimator.
True or False, if a current customer just wants to purchase a license, it is okay to hide the payment terms that are automatically embedded in the quote using the cost estimator.
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Indemnification
If not properly negotiated, this legal category could result in the payment of the cost of the defense plus damages for a lawsuit brought against a customer by a third party, even if the lawsuit is not the result of anything Northwoods actually did.
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True. This is why we want POs
True or False: If a customer is unable to appropriate the funds necessary to pay for a project, even if they signed a contract, the customer can walk away from the contract without penalty.
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Damages
The $250,000 - 500,000 average cost of defending a breach of contract claim does not take into account what potentially very large dollar amount?
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No
Should disclaimers and payment terms that are built into the cost estimator be manually hidden?
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The second pay of the month following approval of the Sales Order.
Although not a "blocker," when do your commission payments for a deal generally begin?
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True.
T/F. If certain warranties are not disclaimed in a contract, such as the implied warranty of fitness for a particular purpose, a customer could bring suit for breach if it, for instance, does not feel like our software does what it thinks it should
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A teaming agreement, an NDA, a subcontract. Talk to Legal as soon as you can so that we can figure out what we might need.
If you're thinking about partnering with a third party for any reason (e.g., responding to an RFP, providing services to customer, etc.), what paperwork might be necessary?
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None
How many times has Northwoods been sued to date for breach of contract?
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Fixed Quote
Between a Budgetary Estimate and a Firm Fixed Price Quote, which should be included in the contract and attached to the sales order?
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No. The deal is not closed until the customer has countersigned the contract (and has at least emailed us a scanned copy of the fully executed contract).
If a customer requires "wet" signatures and only considers a contract binding when it has fully executed originals in hand, is a deal closed when only Northwoods has signed the contract and emailed a scanned copy of it to the customer?
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Consequential Damages
This category of damages, which includes lost profits and loss of business opportunity, if not specifically excluded in a contract can be included in the calculation of damages in the event of a claim for breach of contract.
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False. It is sometimes necessary, depending on the language in an NDA, to formally indicate that a conversation or document is confidential before disclosing the information. Check with legal if you're unsure.
True or False. If there is an NDA in place, you can say whatever you want (or provide whatever documents you want) to the other party to the NDA.
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$20 per occasion or no more than $50 per source per calendar year. This applies to meals.
According to the United States Office of Government Ethics, what is the maximum dollar value a government employee can accept in non-cash gifts from a contractor?
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False.
True or False. If your customer only needs limited Forms functionality and does not want to pay the full price for a Forms license, it is okay to manually key in a new product and cost that you think better suits their needs into the cost estimator.
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