Two contracts with beneficial outcomes
'Our client came to us with two unilateral and harsh agreements for the provision of tailored sales and marketing programs for two very different major retail operations. Through an extended period of negotiation we were able to address the critical issues so that our client was able to proceed with confidence, knowing that its longer term commercial aspirations were secure.'
Ian Sinclair, Partner, Corporate & Commercial
Our client
Our client is a privately owned and operated Australian company
that demonstrates innovative leadership in e-commerce and online
retail. Its operational excellence and know-how has seen the
expansion of its service offering to become one of the leading
online retail industry service providers in Australia in providing
rewards programs and gift card solutions. The client combines its
operational, technical, account management and marketing expertise
and capabilities with a suite of customer programs to deliver
outstanding client based solutions.
Their ambition
As a market leader in the design, implementation and management
of customer loyalty programs and gift card solutions, our client
was eager to further expand its customer base by entering into
contracts with two major retailers in very different market
segments and regions. The contracts presented significant
challenges to our client in the delivery of technical, sales and
marketing expertise with a commensurate recognition of risk.
Enhancing their success
We worked very closely with the client's senior management team
to negotiate practical and effective solutions to the commercially
sensitive areas of the contracts including intellectual property,
liability, indemnities and warranties. It was critical to the
client that the contracts reflect the commercial reality of the
transactions, to ensure that the rights and obligations of the
parties were clearly articulated and that the expectations of the
parties were aligned.
Behind the headlines
The transactions involved numerous challenges through extended
negotiations in order to achieve successful outcomes. Our client
now has the ability to confidently develop and roll-out its
solutions for the long term benefit of its customer, comprising
comprehensive retail customer service support programs.