Article | REF: S8104 V1

IT contracts

Author: Sylvie JONAS

Publication date: December 10, 2005

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2. Sensitive contract clauses

It should be emphasized that IT contracts are subject to the general rules of the law of obligations, and as such, do not differ from other contracts. However, we have been able to identify a number of clauses that should always be given particular attention. Some examples of these sensitive clauses are listed below.

2.1 The preamble

There are no precise rules for drafting the preamble. What is important is that the preamble fulfills its essential functions, i.e. :

  • on the one hand, it must set the context for the contract. For example, the preamble will introduce the parties, summarize the customer's main expectations and the service provider's response, and recall any previous contractual relations;

  • ...
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Sensitive contract clauses