Technology Escrow Advice

Software escrow, depositing source code with a neutral third party, to be released to the customer if the supplier fails or breaches, is often included in software licences as a 'tick box' protection without much thought about whether it would deliver value if invoked.

What good escrow advice covers

The advice covers: whether escrow is appropriate at all (not always. For SaaS it is rarely useful); what should be in escrow beyond just code (build instructions, dependencies, documentation); what the release events should be; and how the practical mechanics with the escrow agent should work.

An escrow arrangement that releases unbuildable code is a defensive measure that does not defend.

Suitable for businesses considering or setting up technology escrow arrangements.

Example: a typical scope and fixed fee

For a single technology escrow advisory engagement, the typical scope looks like this.

What's included

• A consultation to understand the software, the supplier relationship, and your concerns
• Advice on whether escrow is appropriate and, if so, what should be deposited
• Review of any proposed escrow agreement or template
• A clear written summary with recommended next steps
• A follow-up call or email exchange

What's outside this scope

• Negotiating the escrow agreement with the supplier or escrow agent
• Drafting a bespoke escrow agreement
• Tax advice

Fixed fee: £295, no VAT.

How I will approach your matter

Once you have instructed me, I will be in touch within one working day. We will discuss the software, the supplier relationship, and your concerns, and I will advise on whether escrow is appropriate and what should be in it.