Karen, as with any contract question, the two key issues are 1) can you accurately describe the obligation? and 2) can you get the other party to agree to it?
In your case, it will be very difficult, in the absence of concrete metrics (such as SLA-type performance standards, or customer satisfaction ratings) to describe a "standard of usability" that the product must meet. Of course, contracts are full of vague "best efforts" or "highest industry standard" provisions that compel one party to behave in a certain way, without necessarily describing the details of this behavior. In the end, if the other party feels that this standard has not been met and a lawsuit is the result, it will end up being a judge or jury that decides the matter (not a good outcome in your case - as judges and juries know very little about usability). An alternative - which is often pursued by the party with superior bargaining strength (i.e. you, the buyer, in this case), is to simply reserve a right to terminate the contract or otherwise adjust the terms if you, in your sole discretion, deem that the product has not met an appropriate standard of usability. This is a tough measure, but if you are really concerned, and the other party is really desperate, you might get it through. Otherwise, I would agree with Adrian, that imposing a vague standard that can only ever really be enforced in court is not a good idea. Hope this is helpful - caveat: I'm a recovered attorney. Nick Gould . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Posted from the new ixda.org http://www.ixda.org/discuss?post=45133 ________________________________________________________________ Welcome to the Interaction Design Association (IxDA)! To post to this list ....... [email protected] Unsubscribe ................ http://www.ixda.org/unsubscribe List Guidelines ............ http://www.ixda.org/guidelines List Help .................. http://www.ixda.org/help
