Topic: Microsoft Office EAMigration to Office 365

Our client was not able to orderly complete an SAM project. Microsoft suggested a migration to Office 365 as a rental solution, to simultaneously address questions about under-licensing. MS exerted significant pressure to close the new deal before the end of the financial quarter. Our client felt irritated and puzzled.

Two-sided PerspectiveAssessment of Licensing and Legal Issues

We investigated the background of the presented license audit in terms of license rights, and at the same time scanned for product-specific conditions and dependencies. We prioritized the removal of pressure to close in order to give the client room for considering more qualified solutions.

PositioningCompliance Certificate and Assurance of Data Protection

Avoidance of claims was our central concern. We were able to eliminate Microsoft's quarter-based sales pressure almost immediately. We then moved to make the closing of a new deal conditional on MS issuing a statement of compliance as well as a clarification of data protection terms for the use of OneDrive (cloud services).

NegotiationsPrice Benchmark and Verified Data Protection

The unverified compliance status made it necessary to precisely benchmark the price situation surrounding the cloud offering. We repeatedly questioned and asked for clarification on several of the rules regarding data protection in order to allow cloud use for confidential medical documents.

SolutionFinal Resolution by MS before Signing

MS was reluctant to provide a non-look-back compliance declaration. This remained a critical and unsatisfactory point up to the last minute, but we secured a dependable compliance declaration for the client. Besides a well-tailored pricing model and plausible data protection, this was a non-negotiable condition for closing the deal.

Topic: SAP Compliance TuningRejection of Audit Claims

Based on questionable audit results, our client was faced with unjustified claims. SAP raised the notion of "duty of care" of the management, and threatened a lawsuit.

Two-sided PerspectiveAnalysis of Current Statements of SAP

We investigated the position of SAP from a license law and contract historical perspective. For each compliance challenge, we compiled a prioritized list and aligned this with the client.

PositioningReview of Measurements and Discounts, Protection of Use with Regards to IS-U Engines and OpenHub

We critically questioned the audit process and results, and rejected SAP's practice of not granting discounts on added license procurement. We corroborated the client's user categorisation and defended their use of IS-U-Engines and OpenHub.

NegotiationsCompensations and Discounts

We created argumentation guidelines for executives and discussed points directly with the Compliance & Audit team of SAP. Thus we were able to reverse the initial refusal of discounts and identify credit potentials. Some compliance topics were moved to corporate level.

SolutionCommercial Agreement

The true-up purchase was based on an acceptable commercial contractual basis, resulting in significant easing of expenditure compared to the original demands. The compromises achieved on an organizational level are validated by benchmarks.

Topic: Rejection of a Remote AuditSAP Contractual Legacy

Our client was in conflict with SAP due to grey areas in its audit results. SAP threatened an excessive remedy  - a remote audit.

Two-sided PerspectiveReview of Legal Conformity of the Request for Audit

First we checked the justification for the audit and focused on preventing a more expansive invasion of the client's IT infrastructure by remote audit tools. Following this, provider-typical compliance topics were looked into.

PositioningProtection Zone against Request for Audit

We defined an IT zone with the client that must be protected from audits. At the same time, we worked out criteria that allow future audit requirements to be evaluated.

NegotiationsDemonstration of Limits for Auditing

The client was briefed by us on the legal arguments on reach and effectiveness of contractual audit clauses and the balance of duties between the client and SAP.

SolutionPreservation of Client's Rights during Discovery

Settlement with SAP on an alternative, less invasive procedure for creating contractual transparency, now in collaboration with the client.

Topic: Procurement OptimizationOracle E-Business Suite

On top of an unclear contract and purchase history, our client was faced with poorly suited license metrics and inappropriate sales pressure, driven by approaching close of Oracle's financial year.

Two-sided PerspectiveReconstruction of Oracle Procurement History

As a basis for further investigations, we first consolidated the entire license history from several buying centres and worked out a binding legal position with respect to license status.

PositioningDiscovery of Faults and Inconsistencies in Oracle Contracts

The use of an older license model did not match the client's current situation. We particularly called into question the terms for minimum numbers of users, as well as certain contradictions in the making of offers and in sales conduct.

NegotiationsPresentation of Arguments and Evaluation of Options

The client received briefings for each negotiation phase in the shape of negotiation guidelines and formal protests. To ease decision making, we contributed legal and tactical assessments of directions to move in.

SolutionAvoidance of Audits and Facilitation of Claims Resolution

Based on our accessible arguments, the client achieved a contractual relief of their purchase obligations for the short term, while at the same time avoiding a temporally close audit. The scene was thus set for future optimizations.

Topic: Avoiding True-upsOracle NUP Licenses for Indirect Use

Our client was confronted with a dubious payment demand due to the use of a third party system. Oracle argued that such indirect use required additional licenses.

Two-sided PerspectiveRevealing Sources of Conflict

To better visualize the license problem and assess the justifiability of vendor demands, we compared Oracle policies to the actual IT workflow of the client.

PositioningAbsence of Usage with Licensing Relevance

Our detailed analysis of specific communicative exchanges between the system in question highlighted that from a technical and legal perspective, there was no relevant use of the resources in question, and hence no obligation to pay.

NegotiationsInsights to Claims Relevance

Based on the technical implementation of our client's processes, we were able to show that Oracle's policies were not, in fact, applicable and no additional license requirement arose. This brought transparency to Oracle's earlier misinterpretation.

SolutionRejection of Licensing Demand via Structural Diagram

Based on the provided flow charts and and argumentation guideline, the client reached an accord with Oracle regarding the phenomenon of indirect use, including a retraction of the earlier demands.

Topic: Optimization of User-MixDiverse SAP-BI Licensing Models

Our client was confronted with a license offer entailing a six digit sum for SAP-BI. They asked us to clarify license positions and the plausibility of the bundled contents.

Two-sided PerspectiveReview of Current SBOP Licensing Portfolio

To verify the SAP offer, we analysed the inherent license models and existing use scenarios, validating them against the corresponding license terms. This was followed by individual interviews with the BI architects.

PositioningReview of Purpose of Use and Validation of Licensing Proposal

We analysed the license offer and provided the needed bird's eye view of SAP user types. It became clear that SAP had made an error in interpreting the terms.

NegotiationsArguments for Correct User Categories

With our provided details of user definitions, our client was able to convince SAP that its approach did not properly reflect the client's reality. Clarifying the definition of user entitlements was central to that success.

SolutionApplying Correct Definitions and Hints Based on Official SAP Information

Citing the existing definitions allowed optimizing the user mix and reducing investment in new licenses to a minimum. The more expensive user type was replaced by existing seats.