Escrow agreement for system users

UsersBeneficiary3P Contract

As an integral part of the Business Continuity Plan (BCP), the CONTINEW solution is based on the implementation of an escrow agreement and ensures continuity and sustainability of your company’s key products, devices and equipment.

Guarantee

Guaranteed access to sources, technical documentation and definition files to maintain or regenerate the software application and pursue its activity.

Simple

Simplified implementation and management for all stakeholders in the organization. Complete reports and follow-up via a secure customer page.

Contract

Tripartite contract with the partner, the end customer and CONTINEW. CONTINEW Software provides a solid response to continuity requirements.

Specialist

Industrial process and business reference framework recognized throughout the industry (defense, transport, energy, finance, services, etc.) for a top-level guarantee.

Compliant

Verifications based on best business practices to meet durability and continuity requirements.

International

Proven process and contract to address national and international needs.

Active Management

Deposits maintained and updated each time applications are changed, revised or updated.

Security

Strong measures. Secure transfers. Deposits encrypted and stored. ISO 27001 hosting in France.

Independence

An external and neutral third party, CONTINEW protects the partner’s and end customer’s interests.

White book Escrow agreement

Software and system risk management

Download (in French)

Continuity and escrow platform available 24h/7j

Monitoring

Contract management

Online certificat

Security AES-256

Hosted in France

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The market-leading Escrow Agreement System Solution

Most agreements relating to the purchase of specific service include the supplier/provider failure clause. In the event of a failure, the provider also named Depositor undertakes to provide the end customer also named Beneficiary with the required elements to guarantee continuity and maintenance of the software or system support.

The implementation of an Escrow Agreement, also called escrow contract, clarifies the roles and responsibilities of each stakeholder, as well as the contractual commitments and verification steps that will be performed throughout the duration of the contract.

An Escrow Agreement consists in depositing with a third party (specialized company, escrow agent, such as Continew) sources, plans, designs, procedures allowing to reconstitute or rebuild a specific system or product.

This deposit is recommended for highly technical and long-life systems and equipments. Drawing up an Escrow Agreement 3P Contrat is particularly suited for most industrial fields. Its use makes it possible to effectively protect and guarantee specific digital assets.

Electronic systems and equipments

Specific equipments

IoT (Internet of Things)

Specific equipments

Tools, testers, benches

Supplier risk management

When a Beneficiary company uses an external supplier or Depositor , the following 6 items must be checked to assess the level of supplier risk control:

In practical terms, the supplier Depositor deposits the constituent elements of the electronic application concerned (source codes, documents, technical files and so on) – for which he/she retains intellectual property – in order to ensure that the end user Beneficiary has access to them in cases previously defined in the release provisions of the contract or agreement.

- Does the contract include supplier failure provisions?

- Are release provisions to access the repository consistent with the organization’s costs and deadlines?

- Have source codes and technical data been deposited?

- Who verified that the deposit was complete and flawless?

- When was the last update carried out?

- Who is accountable to the company for the possible reuse of files?

These questions are precisely what the escrow agreement or 3P Contract provides answers to. The documents of the escrow (also called Deposit) are kept by Continew and provide both parties, customer and supplier, all the guarantees required as to access options in the contract.

- Frequently Asked Questions

Many of the answers to your questions can be found here.

How long is an escrow agreement valid for?

By default, it adapts to the main contract between the user customer and his/her supplier. An escrow agreement may also be extended by automatic annual renewal with two months’ notice.

Who pays for the service?

The end user being the main beneficiary of an escrow agreement will usually pay for the service. Please note however that some editors pay for an escrow agreement for their own developments in order to provide, on a sales and marketing basis, the necessary continuity guarantees that some of their customers may require.

What are the release provisions?

The purpose of an Escrow Agreement is to provide for the conditions under which the end user (beneficiary) will be able to access the items filed by the supplier (depositor) with the trusted third party (escrow agent).
Release provisions are the essential part of the escrow agreement. Should supplier failure occur, potentially resulting in a collective procedure, the termination of software or product maintenance, business termination, inability to reach certain objectives, etc., they will determine how things are done.

What is the scope of an Escrow Agreement contract?

The Escrow Agreement contract has an international scope. It is based on the principle of copyright recognized by all the signatory countries of the Berne Convention, governed in France by Articles L111-1 et seq. of the Intellectual Property Law.