[CRISP-TEAM] Fwd: Re: [NRO-IANAXFER] Contract details

[Izumi Okutani]

I think these points made by Hans Petter Holen are excellent.

Stick with high level for now and leave it for the legal team to decide
what option would be the best, in balance with resources and what we
want to achieve (RIRs to take initiative in making decisions about the
contract).

Personally, automatic renewal with fixed termmentioned by Filiz seems
like a pragmatic solution to me but I'm not a legal expert and seems we
are going too much into details of the contract
at this stage to define this.

Let's discuss at the call today, together with the point Seun raised on
whether there will be  community engagement in developing SLA.


Izumi


-------- Forwarded Message --------
Subject: Re: [NRO-IANAXFER] Contract details
Date: Wed, 07 Jan 2015 11:27:27 +0100
From: Hans Petter Holen <hph at oslo.net>
To: ianaxfer at nro.net


On 07/01/2015 11:07, Alan Barrett wrote:
> I still don't understand why you are opposed to a fixed term 
> contract.  I don't see any advantage at all to an indefinite contract. 

I am not opposed to a fixed term contract, but thee are some aspects of
a fixed term contraxt that needs to be handled:
- automatic renewal or not at the end of the term
- notification period to renew the contract/terminate the contract
- is it possible to terminate the contract only at the end of the term
- is it possible to adjust the SLA or other conditions during the term
of the contract
- renegotiation means both parties may want to change terms

I seriously think we should bring this back to high level principles like:

- long term relation for stability
- terminate at any point if SLA is not met in x out of the last y months
(I usualy have 3 out of last 12 months in my sub
- review SLA terms yearly - like the IETF
- termination period should be log enough to find a new contractor
- clear clauses of transition,
- IPR, access to data etc.
- clear, precice language easy to read and understand

Then I would leave it for the legal team to suggest the best
implementation of the principles under the approporiate legislation.

I know how I would do it under Norwegian law, but the contract is most
likely not going to be under Norwegian Law, so I do not think that would
be relevant.

The legal teams suggestion would as always need approval from RIR
management and RIR boards - thats what why we have them.

Some community engagement may also be useful - but some of us may have
limited competency in the particular legal framework.

-hph

_______________________________________________
ianaxfer mailing list
ianaxfer at nro.net
https://www.nro.net/mailman/listinfo/ianaxfer