Product

Product

Charity software contracts are rarely the thing anyone wants to spend time on. They get signed at the end of a procurement process, filed, and forgotten until something changes. And in the charity sector, something usually does.

Anyone who has worked in the sector for long enough will recognise the pattern. A three-year commissioned service goes back out to tender and comes back at two-thirds the size. The rota is rebuilt around the new number, hours are cut, and everyone gets on with it, because that is the work.

What tends to catch people out is what does not shrink. The funding has changed, and the team has changed, but the monthly licence invoice arrives looking exactly as it did before.

Why the standard model does not fit

Most software is sold on a per-user, per-month basis with an annual commitment. It is a sensible model. It gives the supplier predictable revenue and the customer a predictable cost, and for a commercial business with reasonably stable headcount it works well enough.

For many charities and commissioned services, however, staffing and technology requirements are closely tied to funding cycles. A helpline running a three-year commissioned service knows exactly what its capacity looks like for three years, and knows equally well that the fourth year is an open question. Volunteer numbers rise and fall with recruitment campaigns and with the seasons. Restricted funding pays for specific activities and cannot simply be moved across when circumstances shift.

When a contract is written on the assumption of stability, the risk of change sits entirely with the organisation least able to absorb it.

Where it goes wrong

Three patterns come up repeatedly. All of them are standard commercial terms, and all of them are perfectly legal. The difficulty is that they assume a kind of stability that charities do not have.

The most common is the silent auto-renewal. A contract renews for another twelve or twenty-four months because a notice window passes unnoticed, often at a point when the people who signed the original agreement have moved on. The organisation is not disputing that it agreed to the terms. It simply had no practical opportunity to reconsider.

The second is the one-way licence count. Adding users is straightforward and can usually be done in a day. Reducing them is not possible until renewal, and sometimes not then. An organisation that has lost a third of its funded capacity continues paying for a third of its capacity for the remainder of the term.

The third is the exit that is technically available but practically impossible. Notice periods measured in months, data extraction charged as a professional services engagement, or terms structured so that leaving costs more than staying.

Again, none of this is necessarily hidden. It may all be there in the contract. The difficulty is that the practical consequences of renewal, reduction and exit clauses often become most apparent only when circumstances change, precisely when the organisation has the least room to absorb them.

What fair looks like

Four principles seem to us worth holding technology agreements to, including our own.

Transparency. Renewal dates, notice periods and minimum commitments should be clear at the point of signing, not discovered later in a clause. There is an important distinction here between a contract that continues and one that re-commits. An agreement that rolls on after its initial term, on the same terms and cancellable with reasonable notice, keeps the service running without asking the organisation to sign up to another fixed period. An agreement that automatically renews into a new twelve or twenty-four month commitment does something quite different.Both provide continuity, only one significantly restricts the customer’s next decision.

Flexibility. When a service or its funding changes materially, there should be a reasonable route to discuss what the organisation actually needs. That route may have limits, and it should be written down rather than left to good will.

Proportionality. Commercial protections should reflect what the supplier has genuinely committed to, rather than creating barriers that outlast the reason for them.

Partnership. When funding materially changes, an early conversation gives both sides the best chance of finding a workable arrangement. Flexibility will not always mean cancelling a commitment, but understanding the circumstances is usually a better starting point than referring straight back to the contract.

 

Being honest about the commercial side

None of this means contracts should have no terms at all.

Minimum terms exist for a reason. Proper onboarding of a new customer involves configuration, integration, training, and support, and that investment is recovered over the life of the agreement, not in the first month. Suppliers who cannot forecast revenue cannot invest in their platforms, and a supplier that fails helps nobody.

So the argument is not that charities should be able to exit any agreement at any time without consequence. It is that the terms should be visible, proportionate, and written with the sector’s funding reality in mind rather than in spite of it.

At Call Handling Services, we have minimum terms like anyone else. What we have tried to do over thirty-five years of working with charities, helplines and NHS services is to treat those terms as a starting point rather than a shield. When a customer’s funding changes, we would rather have the conversation and find something workable than point at a clause.

Questions worth asking before you sign

If you are reviewing a technology agreement, these are the questions we would suggest putting to any supplier, including us.

  • How and when will we be notified before renewal, and how long is the decision window?
  • Can we reduce licence numbers mid-term? If so, by how much, and with what notice?
  • What happens if our funding for this service ends partway through the term?
  • Are there charges associated with exporting our data if we choose to leave?
  • Will you tell us if licences we are paying for are going unused?

A supplier who answers these clearly and in writing is one worth working with. A supplier who is vague about them has told you something useful.

Why this matters

Money spent on licences that no longer serve a purpose is money not spent on answering calls. For an organisation supporting people in difficulty, that is not an abstract inefficiency.

Technology suppliers to the charity sector are, in a modest way, part of how those services get delivered. Contract terms are one of the places where that responsibility either shows up or does not.

This is the third article in our What We’ve Learnt series. Read Lesson #2: A good contact centre and a good helpline are measured differently for more on why helplines need different standards of success.