Direct questions

26. What should an AI agency contract include?

Specify the operational result, permitted actions, responsibilities, complete costs and exit process. Buy a maintained workflow with acceptance criteria, not an undefined promise of AI capability.

Our commercial checklist is:

  • Scope: call types, services, branches, channels and excluded tasks.
  • Authority: what may be captured, proposed, booked, changed or sent.
  • Acceptance: test cases, evidence, failure severity and sign-off rights.
  • Support: coverage hours, response targets, escalation and named responsibility.
  • Change control: who approves new prompts, models, integrations and prices.
  • Costs: allowances, overages, minimum term, renewal and change fees.
  • Ownership: account administration, telephone arrangements, configuration and documentation.
  • Exit: export formats, migration support, access revocation and deletion evidence.

Separate commercial portability from legal data-protection obligations. The ICO says controller–processor contracts must address matters including processing instructions and end-of-contract return or deletion of personal data, subject to applicable retention requirements. Those provisions do not automatically give you ownership of all software or agency intellectual property. (ico.org.uk)

Have a solicitor review consequential liability, indemnity, termination and data terms. This checklist is a purchasing aid, not model legal drafting.

Sources cited on this page

  1. ico.org.uk ↗ico.org.uk
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