The firm regularly assists its clients in securing its commercial contracts:
- assistance in negotiating and drafting all contracts, group of contracts and agency contracts: industrial contracts, service contracts, financial or commercial partnerships, search for investors or sponsors, etc;
- drafting general and specific conditions contracts for products or services;
- drafting general and specific conditions for sales, especially for online sales of products and services;
- contracts audit - contracts optimization - negotiation of contract amendments;
- contract management;
In particular, ALYANAKIAN AVOCATS has developed, since its creation, a high level expertise in matters pertaining to contracts linked to IT, especially in banking, online gaming, phone industry, public services and national defense sectors, etc.
The firm regularly assists its clients in negotiating and drafting software licensing contracts, IT maintenance contracts or services contracts such as SaaS contracts, whether in French or in English language:
- licencing and operational maintenance contracts for electronic vault software as well as other software elements between software editor and world leading online gaming operators acting since 2010 on the French market, in compliance with specifications from the French online gaming authority (Autorité de Régulation des Jeux en Ligne), but also on the Spanish and Danish markets since 2011 in compliance with local specifications;
- Saas service contracts for different kinds of business software marketed to online services providers;
- contract for specific development of an authentication management of access rights software in order to secure online banking operations - specific distribution agreement;
- licencing and operational maintenance contract for a authentication software (production of certificates) in A.S.P. mode in relation to phone industry networks ;
- licensing contract on a business software doing transaction data authentication and storage for securing online transactions
- licensing contract for a business software securing online banking services to consumers (authentication, validation and data storage for evidencing purposes) and securing bank authorized personnel access;
- contractual system of software licenses for an online bank in the course of its acquisition by a banking holding and its subsidiaries;
- licensing contract on an electronic vault software integrated within a realization of a global IT system for a national defense institution
- contract for the development of an application software securing access to electronic cards data (e-administration) and associated maintenance (temporary partnership agreement between companies defining respective tasks and responsibilities);
- counseling an IT consulting company on the combination between Saas contracts being negotiated with several customers and a mutual hosting contract in the course of negotiation with a specialized partner (back to back);
- drafting general and specific sales conditions for a software editor and for an IT services provider;
- counseling a public contractor on development and implementation of a "contactless" solution for a university hospital center: assistance to the resolution of a dispute resulting from the testing period and cancellation of the penalty initially imposed by the university hospital center;
- public contract for the development of an application software securing access to electronic cards data (e-administration) and associated maintenance (temporary partnership agreement between companies defining respective tasks and responsibilities);
- counseling a contractor in a public procurement for providing software products and services to a decentralized public administration: allocation of damages to the client compensating the absence of orders by the public administration despite a contractual minimum ordering level;
These example are, by definition, only a sample of the cases handled by the firm.
Please find here our recent publications in this domain.