Contract Negotiation

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  - First learning with #ChatGPT on reviewing Aptimizer contract for #RenovateAI App keyword rank boosting
- [chat link](https://chat.openai.com/share/6bb9b34e-eb6c-4185-8ff8-1d9a909dfa4e)
- First Key Point extracts from contract ( I extracted text from pdf and pasted)
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  - Sid, this is a comprehensive contract, and I'm not a legal expert, but I can certainly point out some areas that might be of interest to you given your background in SaaS and AI infrastructure.
  - ### Key Points to Consider:
		  
		  1. **Scope of Service (1.1 & 1.2)**: The contract outlines that Apptimizer will assist in promoting your mobile application. However, it also states that they won't be held responsible for any claims or damages that occur as a result of using their services. Given your experience, you might want to negotiate terms that offer some level of accountability.
		  
		  2. **Discrepancy in Installations (1.2)**: They mention a 10-15% discrepancy in the number of installations reported. Given your deep understanding of analytics, you might want to clarify how they measure this and whether it aligns with your own metrics.
		  
		  3. **Intellectual Property (2.1 & 2.2)**: The contract states that any feedback you provide becomes their intellectual property. This could be a sticking point, especially if your feedback significantly improves their service.
		  
		  4. **Representations and Warranties (3.1 & 3.2)**: It's good that they acknowledge you as the owner of the Target Application, but they also put the onus on you to understand their methods. Given your expertise, you might want to dig deeper into their methodologies.
		  
		  5. **Service Fees**: The monthly fee is $5,000, and the contract is for 12 months. Ensure that this aligns with your budget and expected ROI.
		  
		  6. **Termination (5.1 & 5.2)**: You can terminate the agreement up to 72 hours before the conclusion of the 3rd service month. Given the long-term commitment, this is a crucial clause.
		  
		  7. **Limitation of Liability**: They've included a broad limitation of liability clause. You might want to negotiate this, especially given that you're paying a substantial fee for their services.
		  
		  8. **Governing Law (8.1)**: The contract is governed by the laws of the State of Israel. This could be a concern if you're based in Boston and the company is UK-based.
		  
		  9. **Confidentiality**: The clause is standard but given that you're likely to integrate this with your existing systems, ensure that their confidentiality clauses align with your internal policies.
- Revision and my email to Head of Sales
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  - Hi Alex,
		  
		  I hope you're doing well. I've had a chance to review the contract and overall, I'm quite positive about what Apptimizer has to offer. However, there are a couple of important points that I would like to clarify:
		  
		  Contract Duration: The contract mentions a 12-month commitment. Since this would be our first collaboration, I'd propose starting with a 3-month term initially, with the option to extend if everything goes well.
		  
		  Performance Guarantee: In our previous discussions and initial proposal, there was a guarantee of achieving rankings between 1-5 for 3 specific keywords each month. Could we include a clause that allows for contract termination and a partial refund of the first month's fee if these rankings are not achieved?
		  
		  Accountability: Considering that the strategy involves artificial downloads, I'm interested to know the measures in place to ensure compliance with app store policies. Also, is it possible to revisit the clause that states Apptimizer will not be held responsible for any claims or damages?
		  
		  I'm eagerly awaiting your responses and I'm available to discuss these points further at your earliest convenience.
		  
		  Best regards,
		  Sid
- Negotiation and Communication Skills Learnings
  - ### Talking Points and Strategies:
  - #### 1. Contract Duration:
  - **Your Gun**: "We're excited about the potential of this partnership, but every partnership starts with a trial period. A 3-month term allows both of us to evaluate the success of this engagement."
  - **Stick to It**: If they push for a longer commitment, remind them that a successful 3-month term is the best incentive for you to extend the contract.
  - #### 2. Performance Guarantee:
  - **Your Gun**: "The keyword ranking guarantee was a significant selling point during our initial discussions. It's only fair that this is reflected in the contract."
  - **Stick to It**: If they hesitate, ask them directly, "If you're confident in delivering the rankings, why can't this be part of the contract?"
  - #### 3. Accountability:
  - **Your Gun**: "Given that artificial downloads are part of the strategy, it's crucial to ensure this doesn't violate any app store policies. What safeguards do you have in place?"
  - **Stick to It**: If they claim it's risk-free but won't add any accountability clauses, question the discrepancy. "If it's a risk-free strategy, there should be no issue in adding an accountability clause."
  - ### General Strategies:
			  1. **Be Prepared**: Have all your points and counterpoints ready. You're a seasoned tech professional; treat this like you would a product launch or a code review.
			  
			  2. **Pause Before Agreeing**: If they use complex legal or sales language, take a moment to digest it. It's okay to say, "Let me think about that," or "I'd like to consult with my team."
			  
			  3. **Clarify**: If you don't understand a point, ask them to explain. "Could you clarify what you mean by that?" or "How does that work in practice?"
			  
			  4. **Summarize**: At the end of each discussion point, summarize what was agreed upon. This ensures everyone is on the same page and can be a moment for you to reassert your points.
			  
			  5. **Be Ready to Walk Away**: The ultimate sign of assertiveness is being prepared to walk away if the terms don't meet your needs. Given your expertise and the value you bring, this is their loss.
			  
			  Remember, Sid, you've got 15 years of tech experience backing you up. You're not just buying a service; you're entering a partnership. Both parties should be willing to meet halfway for mutual success.
  - - ### Tips for Polished Assertiveness:
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  - The key to assertive yet polished communication often lies in the subtleties—your tone, the words you choose, and even the pauses you take. Given your extensive experience in the tech industry, you already have the high-status knowledge. Now it's about packaging it in a way that's both compelling and elegant.
  - 1. **Controlled Tone**: Keep your voice steady and calm. A controlled tone can often say more than the words themselves.
  - 2. **Positive Language**: Frame your points in a positive light. Instead of saying "That won't work for us," you could say, "What would work better for us is..."
  - 3. **Strategic Pauses**: Don't be afraid to take a moment before responding. It shows that you're thoughtful and not easily swayed.
  - 4. **Confident Body Language**: If it's a video call, maintain good posture and eye contact. It adds to the perception of confidence and high status.
  - 5. **Be Unapologetically You**: You've got 15 years of experience in SaaS, AI, and tech. You're not just another client; you're a valuable partner. Let that confidence seep into your conversation.
  - ### Polished Phrases:
  - "I appreciate your perspective, but from our standpoint..."
  - "That's an interesting point. However, what aligns better with our goals is..."
  - "I understand the standard practice, yet given the unique aspects of this partnership..."