[CRISP-TEAM] Term of the contract & wording agreement/contract

Craig Ng craig at apnic.net
Sun Dec 28 23:37:22 CET 2014

On 26/12/2014 2:22 am, "Izumi Okutani" <izumi at nic.ad.jp> wrote:

>CRISP Team,
>May I request for someone with legal background to help respond to these
>two comments?
>On the first point, he seems to have agreed with the term "contract"
>after discussions, so may not necessarily need a response, unless we
>feel it's important to clarify.
>- I suggest replacing the word contract in section III with agreement and
>this will also largely require re-wording of 3rd paragraph of section IV

I don't believe this is necessary. Technically speaking, all contracts are
agreements, but not all agreements are contracts. The term "agreement"
encompasses all agreements or meetings of minds, including those that may
not be legally enforceable. So, it has a broader concept. "Contracts"
means legally enforceable agreements.

But having said that, I see no necessity to make any change. I don't
believe making the suggested change alter the meaning of section III.

>- The agreement (currently referred to as contract) should not be termed
>based as presumed to be indicated in section III but should have
>termination conditions

I think he means that the SLA should be continuing, and can only be
terminated if a "default" or "termination event" occurs, and should not
otherwise have an end date. I am not sure if this point has been discussed
at the CRISP team, or a consensus reached.


Craig Ng
General Counsel, APNIC
e: craig at apnic.net
p: +61 7 3858 3152
m: +61 416 052 022

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