Feel like tearing up your Oracle/NetSuite ERP and related professional services agreements and terminating the contracts forever? Tired of all the extra demands on your business working on multiple data uploads and endless tasks for a solution that has never worked or gone live? Disappointed by requests for expensive change orders for work you believed was included in the fixed price Professional and Subscription Services Agreements? You purchased the subscription and the NetSuite professional services to save time and money, but now you find yourself saving neither. Although it would be great if simply tearing up the contract could end your contractual obligations to Oracle, unfortunately it is not that easy.
We assist clients who find themselves in a failed ERP implementation with Oracle/NetSuite find a way out of the contract, which complies with the requirements of the Oracle agreements. There are specific steps that need to be taken whether you want the publisher to effectuate a cure or simply have reached the end of your patience and want to terminate the contract. Our attorneys can help.
We assist clients with:
We assist clients who find themselves in a failed ERP implementation with Oracle/NetSuite find a way out of the contract, which complies with the requirements of the Oracle agreements. There are specific steps that need to be taken whether you want the publisher to effectuate a cure or simply have reached the end of your patience and want to terminate the contract. Our attorneys can help.
We assist clients with:
- Negotiating and documenting NetSuite ERP related agreements.
- Identifying problem areas where disputes often arise so our clients can take steps to mitigate the risks where possible.
- Advise clients on strategies for working with the NetSuite business and legal department to attempt to effectuate a cure where NetSuite's contractual performance is deficient.
- Guide NetSuite customers through the intricacies of the NetSuite contracts including enforcing warranty provisions where appropriate.
- Advise NetSuite customers on strategies to mitigate risks involving assignments of financing contracts from Oracle Credit Corporation ("OCC") to third party banks and finance companies.
- Assist NetSuite customers with drafting Notices of Breach and Requests for Cure that will stand up in court.
- Counsel NetSuite customers on steps for successfully terminating NetSuite Agreements.
- Draft demand letters to Oracle/NetSuite for NetSuite customers who have been damaged by NetSuite's failure to perform.
- Negotiate settlements with NetSuite involving failed Professional and Subscription Services Agreements.
- Prosecute and defend federal and state trial court actions for breach of contract and/or fraud in the inducement involving Oracle contracts.
- Defend lawsuits by third party banks to enforce assignments of financing arrangements from Oracle Credit Corporation.
- Represent NetSuite customers in settlement negotiations or formal mediation of disputes with Oracle/NetSuite.
- Prosecute or defend arbitrations to resolve disputes involving failed ERP implementations.
- Draft and document settlement agreements resolving disputes with Oracle/NetSuite.