[NRO-IANAXFER] Contract details

Hans Petter Holen hph at oslo.net
Wed Jan 7 11:27:27 CET 2015


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



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