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What are common IT agreements?
IT (information technology) agreements are often vitally important to not-for-profits and community organisations.
Common IT agreements include:
- software licences
- domain registration and web-hosting agreements
- cloud services agreements
- internet service agreements
- telephone or other communication agreements
- hardware supply and maintenance agreements
- website or software development agreements, and
- online marketing agreements
In many cases, the supplier will rely on their own standard terms of service.
What are the key legal issues to consider?
There are key legal issues your organisation may need to be aware of when entering into an IT agreement, especially when dealing with cloud services, online platforms or overseas suppliers. It’s always important to read the terms of an IT agreement before you accept them (whether by signing a contract or clicking ‘I agree’).
Issues in IT agreements which may give rise to legal risk include:
- clarity about when the agreement starts
- how payment obligations are triggered or are changed
- automatic renewal (where you sign up for a certain period and the contract automatically renews unless you give notice)
- the need for clear descriptions of the product or service being supplied
- the incorporation of additional documents into the IT agreement by the supplier (for example, through links to their website)
- overseas providers and determining which country's law applies (if your provider is overseas and you have an issue with your service, it can be harder to enforce your rights under the contract)
- unilateral changes to the IT agreement by the supplier (that is, changes which do not need to be agreed by the other party)
- intellectual property and usage rights
- privacy, particularly where personal information is hosted overseas or by third parties
- data security, including access, storage, backups and return of data at the end of the agreement
- warranties for defects
- service levels that are vague, non-binding, or lack consequences for non-performance
- indemnities, limitations of liability and exclusions of liability
- whether appropriate insurance is in place (for example, cyber insurance, professional indemnity) and who is responsible for it, and
- the use of artificial intelligence software or features
For more information, download our guide which:
- summarises features of common IT agreements
- outlines key legal issues your organisation may need to be aware of when entering into IT agreements, and
- sets out how to manage risks associated with IT agreements
More information
The content on this webpage was last updated in October 2025 and is not legal advice. See full disclaimer and copyright notice.
