Vous négociez un contrat avec une start-up technologique. Comment pouvez-vous adapter votre approche pour réussir ?

Frame the negotiation with a startup as a collaborative process where both parties can achieve their objectives. Demonstrate how the terms you're proposing benefit the startup in tangible ways, such as cost savings, increased efficiency, or access to your expertise.

Negotiating with a tech startup can be a different experience due to their different needs, culture, and dynamics compared to more, well established companies. Some specially tailored strategies for success could be: 1. Research the startup’s mission, vision, and recent milestones. Understanding their long-term goals will help you align your proposal with their objectives. 2. Show your offer or terms can help them achieve their goals, be it scaling up, enhancing their technology, or gaining market traction.

Excellent topic. My advice in 3 likely scenarios is below: 1. If tech start-up has a customer-facing contract, review it, especially WRT the startup's product/services specifics, support, SLAs. Upon review, be mindful of terms like "non-refundable", "auto-renew", "suspension of service" and "as is", as these may be disadvantageous for the customer. 2. If the tech start-up only provides an order form, it may reference online terms, support options, SLAs. Be sure to review/negotiate those. 3. If tech start-up does not have a contract, start with customer's purchase/services agreement and tailor product/services related provisions (including support, SLAs) to address nuances of the tech start-up's offering.

More often than not, startups operate in rapidly changing environments. Demonstrate flexibility in your contract terms to accommodate their dynamic, evolving needs. Go beyond traditional terms and think of creative solutions that might appeal to them, such as performance-based incentives. Emphasise on potential for a long-term partnership rather than a one-off transaction. Startups may value relationships that can support them in their growth trajectory.

When it comes to AI startups , be aware of how large incumbents could potentially acquire these startups or launch similar features, affecting long-term partnerships and competitive dynamics. This knowledge ensures you are well-prepared and can anticipate future market shifts.

Focus on potential for a long-term partnership rather than a one-off transaction. Startups may value relationships that can support them in their growth trajectory. Highlight mutual benefits, focusing on collaboration and support. Communicate in a more informal and straightforward manner.

Startups might have higher risk tolerance but also limited resources. Try to balance risk and reward in your proposals. Articulate a clear and compelling value proposition that justifies any risks they might be taking. Manifest examples of how you’ve successfully worked with other startups or in similar industries. Demonstrate your understanding of any specific challenges they might face.

Cultural sensitivity and empathy are essential for preventing miscommunication, building trust, and fostering inclusivity in our diverse and interconnected world. Despite their importance, they are often underestimated due to a lack of awareness, focus on immediate goals, perceived complexity, and assumptions of similarity. Embracing these qualities can lead to more effective communication, stronger relationships, and a more harmonious environment.

Start up may have huge funding coming their way but that is solely for their business purposes (not for legal insufficiencies or matters) hence contracts should be drafted with less ambiguity which means that from the point of goals and objectives to scope of work and deliverables, liabilities each and everything should be specified to help both parties achieve their targets. They should try to cover maximum scenarios so as to not face financial repercussions in the future.

Negotiating with a start-up can be one of the most challenging and difficult tasks even for an expert in contracts and negotiations. There are few standard elements. But above all, risk sharing assumes fundamental importance. Great intelligence and the ability to adapt to the specific context are required. The negotiating and contractual context becomes much more complicated with crowdfunding operations. Identifying risks and the retention of Key managers can be crucial. Likewise, the development of contractual schemes that mitigate risks and foresee alternative solutions from the outset for certain events and situations. The start-up must be monitored but not constrained within ordinary limits that could jeopardize its development.

When it comes to AI startups be mindful of the evolving AI regulatory landscape, such as the European Union’s AI Act, which requires transparency, risk mitigation, and ethical AI use. Ensure the startup complies with these regulations to avoid hefty fines or market restrictions. Address risk through clear intellectual property (IP), liability, and indemnification clauses to protect both parties from unforeseen events and breaches, fostering a fair and secure agreement.

Startups are a double edged sword. On the one hand, they can grow fast. So you want to build in flexibility to grow with them as your partner. But (at the risk of stating the obvious) startups bring risks - they can fail, struggle to have enough resources to keep the quality high, or just pivot to something great for them but not so great for you. So you need an exit strategy and an alternative / backup plan ready.

Most tech startups don’t have templates or lawyers. Come prepared with the type of contract you want and be flexible that the paper may need work.