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IT Law6 min read

IT Procurement Contracts: The Clauses Lebanese Businesses Routinely Miss

Technology procurement contracts are among the most consequential agreements a business will sign. Yet most Lebanese businesses sign vendor-drafted agreements with minimal negotiation. We identify the clauses that matter most.

When a Lebanese business signs an IT procurement contract — whether for cloud services, enterprise software, or managed IT services — it is typically signing a vendor-drafted agreement optimised for the vendor's interests. The negotiation leverage may be limited, but the legal exposure is not.

The most consequential clause in any IT procurement contract is the limitation of liability. Standard vendor agreements typically cap liability at the fees paid in the preceding 12 months — a figure that may be a fraction of the actual loss suffered in the event of a major service failure or data breach. Negotiating carve-outs for data breaches, wilful misconduct, and intellectual property infringement is essential.

Service level agreements (SLAs) are frequently misunderstood. An SLA that promises 99.9% uptime sounds impressive — but 99.9% uptime permits 8.7 hours of downtime per year. More importantly, the remedy for SLA breach is typically a service credit, not damages. If your business loses significant revenue during an outage, a service credit is cold comfort.

Data ownership and portability clauses deserve particular attention. Who owns the data you generate on a vendor's platform? What happens to your data if the vendor is acquired, goes insolvent, or terminates the contract? The right to export your data in a usable format — and the vendor's obligation to assist with migration — should be explicitly addressed.

This article is published for informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact Orbilex directly.

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