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A question for those with experience in procurement

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    A question for those with experience in procurement

    Afternoon folks,

    Have any of you ever seen a software licence containing a caveat that licence costs will be adjusted annually to reflect inflation?

    Specifically, the situation this applies to a situation with:

    - Long contracts with fixed prices and terms (5 years +)
    - Enterprise software, with licences running into tens of thousands annually.

    In this situation, an inflationary adjustment seems like a sensible way to protect the vendor, but I'm not sure if it's the done thing.

    Thanks.
    Last edited by jim2406; 21 September 2009, 15:46.

    #2
    Increases are common. Majority of suppliers I have worked with put a 5-6% increase per year in their quote instead of inflation increases. This way we knew what we were going to pay in advance plus they were offering a large discount if we purchased 5 years of licences upfront. We did not encourage the 5-6% but that was the way they worked. You need to negotiate hard to get the exact terms you want.

    Comment


      #3
      Software licence agreements are full of oddities, and the exact terms will vary depending on the negotiating skills of the customer, but my experience of them is that:

      - licence fee and maintenance costs tend to have fixed % increase (say, 5% increase per year). This isn't indexed (i.e. linked to changes in the inflation rate).
      - support fees, if they are separate from maintenance fees, tend to be indexed (usually to RPIX plus say, 2%).
      Plan A is located just about here.
      If that doesn't work, then there's always plan B

      Comment


        #4
        Originally posted by jim2406 View Post
        Afternoon folks,

        Have any of you ever seen a software licence containing a caveat that licence costs will be adjusted annually to reflect inflation?

        Specifically, the situation this applies to a situation with:

        - Long contracts with fixed prices and terms (5 years +)
        - Enterprise software, with licences running into tens of thousands annually.

        In this situation, an inflationary adjustment seems like a sensible way to protect the vendor, but I'm not sure if it's the done thing.

        Thanks.
        as prev messages, s/w licences are a black art, things like Oracle t&c's are quite confusing to many people. RPI linking is quite common and can be up for negotiating depending on situation/client/supplr.

        Comment


          #5
          Originally posted by jim2406 View Post
          Afternoon folks,

          Have any of you ever seen a software licence containing a caveat that licence costs will be adjusted annually to reflect inflation?

          Specifically, the situation this applies to a situation with:

          - Long contracts with fixed prices and terms (5 years +)
          - Enterprise software, with licences running into tens of thousands annually.

          In this situation, an inflationary adjustment seems like a sensible way to protect the vendor, but I'm not sure if it's the done thing.

          Thanks.
          I've just run a software procurement for £350k per year, 5yrs. We had inflation included in this @ 4%
          I didn't say it was your ******* fault, I said I was blaming you!

          Comment


            #6
            Originally posted by jim2406 View Post
            Afternoon folks,

            Have any of you ever seen a software licence containing a caveat that licence costs will be adjusted annually to reflect inflation?

            Specifically, the situation this applies to a situation with:

            - Long contracts with fixed prices and terms (5 years +)
            - Enterprise software, with licences running into tens of thousands annually.

            In this situation, an inflationary adjustment seems like a sensible way to protect the vendor, but I'm not sure if it's the done thing.

            Thanks.
            very common, although I've never seen one linked to the RPI - it's generally just an arbitrary figure usually around 4-5%
            where wuh wuh?

            Comment


              #7
              Originally posted by stillooking View Post
              as prev messages, s/w licences are a black art, things like Oracle t&c's are quite confusing to many people. RPI linking is quite common and can be up for negotiating depending on situation/client/supplr.
              Oracle's T's&C's would win a plain English award compared to SAP's
              where wuh wuh?

              Comment


                #8
                All,

                Thanks for your advice, the general feedback seems to fit with my thinking.

                An annual negotiation has been agreed as the route forward with a suitable increase agreeable to both parties.

                Ta again.

                Comment

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