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About signing your escrow agreement

Once the parties have agreed to the terms of the escrow arrangement, we will send the parties the final escrow agreement. This should be signed and returned to Harbinger. Our standard agreements can be signed in counter-parts. Some businesses may prefer – or even require an original “wet” (signed by all parties) version of the escrow agreement. If that is the case for you, we will be happy to organise that for you. Of course time is of the essence when implementing escrow arrangements. We will be happy to provide you with access to the escrow management system in advance …

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Satisfaction or your money back – Guaranteed

If you’re not satisfied with our service during the first year of your escrow arrangement with us, you may cancel your escrow arrangement. We’ll refund any unused subscription fees.

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Harbinger’s Online Escrow Management System

HARBINGER PROVIDES UNMATCHED INTELLECTUAL PROPERTY PROTECTION FOR VENDORS AND END-USERS. MANY OF AUSTRALIA’S TOP COMPANIES TRUST HARBINGER AS THEIR NEUTRAL THIRD PARTY TO PROVIDE ESCROW SERVICES. Once you’ve established an escrow arrangement, you don’t want to spend time managing it. Harbinger’s Escrow Management System actively monitors your arrangements on your behalf. It allows you to: View all of your escrow arrangements in one place View account information: Account lists, Deposit data, Contact information, Multiple account management. Conduct transactions: Change company contacts, Revise beneficiary lists, Request terminations, Request verification, Notify of release events. Access reports: Annual account summaries, Keep track of escrow …

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Software Escrow Agreements

OUR STANDARD AGREEMENTS ARE BASED ON BEST PRACTICE AND ARE MADE AVAILABLE TO YOU.OUR ESCROW PROFESSIONALS CAN ALSO WORK WITH YOU TO TAILOR AGREEMENTS TO MEET THE DEMANDS OF YOUR CORPORATE RISK PROFILE. Pre-packaged and tailored escrow agreements – Harbinger has designed agreements to provide flexibility with regards to initial structure and long term usability. With Harbinger there are no proprietary terms that will hinder flexibility later or require separate agreements depending upon your release conditions. The flexibility designed into our escrow agreements makes meeting current and future escrow requirements as efficient and economical as possible with out compromising quality. …

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Australia’s Software Escrow Specialists

HARBINGER PROVIDES UNMATCHED INTELLECTUAL PROPERTY PROTECTION FOR VENDORS AND END-USERS. MANY OF AUSTRALIA’S TOP COMPANIES TRUST HARBINGER AS THEIR NEUTRAL THIRD PARTY TO PROVIDE ESCROW SERVICES. Harbinger’s escrow services have been developed through decades of experience in software development, technology usage and IT law. They include the features and services our customers have told us they want.  However, your needs today are unique. We will advise you on the most appropriate services to achieve the level of protection you desire for your business – for one specific application or an entire risk management strategy.

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Three-party software escrow agreement

A Three-party software escrow agreement is the most common escrow agreement format. It exists between 1) a software developer, 2) a software end-user and 3) Harbinger – the escrow agent. Often the software end-user will require a Three-party escrow agreement to meet their procurement guidelines, or to reduce the risk to their business of using the software. The source code that is deposited into escrow is delivered to the end-user if certain conditions stipulated in the agreement are met (like insolvency, failure to meet an agreed service level, or even death of an important person in the vendor’s team). As …

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What is the GITC Escrow Deed

If you are servicing the Australian government (federal, state or local) then you may be asked to consider the GITC Escrow Deed as the escrow agreement template. The GITC Escrow Deed is a Schedule of the Government Information Technology Contract (GITC) pro forma.  This is essentially a three-party escrow agreement.

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We have several applications we need to escrow for the same customer

You are welcome to escrow several applications together under one escrow agreement. Please keep in mind that in the event of a release, the escrow agent will be obliged to release all the materials to all the beneficiaries. If you need the escrow agent to treat each discreet application differently, that would require seperate escrow agreements.

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We have data sovereignty requirements for the data to be vaulted in Australia

Yes we meet Australian data sovereignty requirements. All data is stored exclusively in Australia. Many of our clients – including the Federal and state governments have this requirement. For security reasons we dont disclose details about the location of the data vaults but can confirm that both the primary and backup data vaults are within Australia. If you have a requirement to store your escrow lodgements in other countries, we can help there too. Our reciprocal arrangements with other escrow providers world-wide can provide this service for you.

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What is the difference between traditional and modern approaches to software escrow?

The practice of escrow can be identified as being either ‘traditional’ or ‘modern’. ‘Traditional’ escrow involves simply placing the software’s source code on physical media and depositing with the escrow agent. The escrow agent does not verify the source code to see that what was deposited was in fact the complete set of source code, associated technical documentation etc. Until recently, most escrow arrangements were traditional in their approach. Custodians such as banks, notaries and legal firms physically ‘held’ a copy of the software source code as a deposit but did not technically verify that the deposit was complete, correct …

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