Skip the navigation
Opinion

Never, ever agree to 'evergreen' clauses

DRIVING THE DEAL

By Joe Auer
March 6, 2000 12:00 PM ET

Vendors know that information technology professionals don't manage contracts very well. As a result, many of the form contracts that vendors use contain an "evergreen" clause. This clause provides for the automatic extension of the agreement if the vendor isn't notified by a certain date a few years down the road, when no one has seen the contract for a while or there are new people in charge of the project for which the deal was done. When challenged about the clause, the vendor usually responds by stating that it "just makes things easy."
It sure does -- for the vendors. They almost always get an automatically extended stream of revenue, sometimes called "easy money."
Vendors describe an automatic renewal as a customer convenience. They argue that it prevents service lapses and eliminates an administrative burden for you. The unmentioned risk is that you might be paying for a service you no longer need. But the reality is that a lifetime of administrative effort required to renew contracts is more than paid for if just one unwanted automatic renewal is prevented.
What's more, conditions and requirements change rapidly today. Automatic renewals pre-empt making choices. You should have the right to renew -- but not the unexpected obligation.
Hand-in-hand with automatic renewal is price- increase language. One of the biggest scams is in software maintenance and support. It's not at all uncommon to see annual increases of 15% to 20% year after year and automatic renewals of the contract terms. So require vendors to notify you when maintenance is about to lapse and tell them to ask if you want to renew -- at a not-to-exceed price you both agree to at the start of the contract. This approach creates an opportunity to take stock of the situation, make a prudent decision and maybe even do some negotiating.
Always take the "never, ever evergreen" approach and you will be better for it.
Helping the Deal Initiators
It's great when your company's professional deal-makers know how to acquire IT products and services properly -- when they have the right experience and tools and understand the negotiation process. But when they haven't enlightened the people who initiate the deals, they've lost much of the opportunity to get the best deal. Many "best practices" procurement organizations actually "sell" their services to the deal initiators, noting benefits they will provide when called upon for help early.
What normally happens is that at the levels where deals actually begin -- with the technical analyst or project

Additional Resources
Forrester Consulting - Optimizing Users and Applications in a Mobile World
WHITE PAPER
Solving application issues over the WAN requires careful consideration. Based on their independent research, Forrester Consulting offers recommendations on how to tackle application performance issues, insufficient bandwidth and the inability to quickly restore users in a disaster.

Read now.

Security KnowledgeVault
WHITE PAPER
Security is not an option. This KnowledgeVault Series offers professional advice how to be proactive in the fight against cybercrimes and multi-layered security threats; how to adopt a holistic approach to protecting and managing data; and how to hire a qualified security assessor. Make security your Number 1 priority.

Read now.

Cut Communications Costs Once and for All
WHITE PAPER
New IP-based communications systems are being deployed by small and midsized businesses at a rapid rate. Learn how these organizations are enabling faster responsiveness, creating better customer experiences, speeding office or mobile interactions, and dramatically reducing existing communications costs.

Read now.

Management and Careers White Papers
Overcome Top 7 Admin Challenges of Active Directory
As Active Directory's role in the enterprise has drastically increased, so has the need to secure the data. Gain insight on creating repeatable,...
Insiders Can Ruin Your Company. Take Action.
Did you know that 80 percent of threats to an organization come from the inside? The threat from insiders is often overlooked in...
Smarter Commerce is redefining value chain visibility
Smarter Commerce is redefining the value chain in the age of the customer. It starts with putting the customer at the center of...
Identity Governance: The Business Imperatives
This white paper describes the business challenges and opportunities that are driving interest in Identity Governance while discussing considerations your organization should make...
The Executive Buyer's Guide to Project Portfolio Management
The Innotas Executive Buyer's Guide provides you with a concise overview of Project Portfolio Management (PPM) and delivers important buying criteria to help...
All Management and Careers White Papers
Management and Careers Webcasts
Live Webcast
Integrated IT Operations Management in the Cloud
Join award-winning technology editor Stan Gibson and Andrew White, CMO at Numara Software, to learn how asset management and service management are converging...
Integrated IT Operations Management in the Cloud
Join award-winning technology editor Stan Gibson and Andrew White, CMO at Numara Software, to learn how asset management and service management are converging...
Optimizing Networks for the Cloud
Join guest speaker, Rohit Mehra, IDC Director of Enterprise Communications Infrastructure, to explore current trends, discuss best practices for optimizing Data Center and...
Apps QuickStart Series Part 2: Designing and Deploying SQL Server on VMware vSphere
Download this webcast to learn about the design considerations for virtualizing SQL workloads, performance and scalability information and high-availability options, as well as...
Apps QuickStart Series Part 1: Designing and Deploying Exchange 2010 on VMware vSphere
Download this webcast to learn the virtual hardware design considerations for Exchange 2010, deployment using the building block approach, options for high-availability and...
Customer Spotlight: How IPC The Hospitalist Company Implemented Oracle on VMware
Have you been looking to hear about customer's experiences with the new VMware vCenter Site Recovery Manager product? View this webcast to learn...
All Management and Careers Webcasts
Newsletter Sign-Up

Receive the latest news test, reviews and trends on your favorite technology topics

Choose a newsletter
  1. View all newsletters | Privacy Policy
IT Jobs