My law library management experience offered a stark study in contrasts this past month when it came to negotiating with legal information vendors, proving that it is worth laying out your case for changing needs in contract or subscription terms.
Whether the information or service provider is a behemoth or a small operation, its corporate culture, the time of year, its financial performance, or the influence of a particular client or representative can allow for changes, even mid-contract, that another vendor might deny. Some vendors take the long view, seeking a long-term relationship with satisfied clients. Others are inflexible. You won’t know if you don’t ask. Start by asking yourself if your need is compelling. Is the need significant and immediate? Is it worth the potentially awkward position for your organization? If so, read your existing contract or subscription terms thoroughly first, assess your organization’s value to the vendor and the provider’s incentive, and then be candid with the vendor about your reasons.
Here are some compelling reasons to revisit terms with a vendor. Your existing agreement may explicitly address these items. If so, you might not have wiggle room.
- A change in your user count
- Financial exigency
- A policy change, preferring digital to print
- Elimination or addition of a department or practice area
- A desire for extended payment terms, like net 60 instead of net 30 or quarterly instead of annual
- A need for a different product, prompting a swap in content or products
Also consider what additional desirable terms your organization can offer as incentives, like simultaneously agreeing to an extension of time or purchasing additional products or services. You are more likely to achieve your goals with the lead up to a new agreement when you are in a better negotiating position but that doesn’t mean you cannot try to achieve needed changes in the interim. The information vendor may show flexibility especially if a contract does not address your circumstances and if you are forthright, persuasive, specific, and pleasant.
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