CMS Buyer Beware

A recent but disturbing trend was brought to my attention when reading a post from Thomas Wailgum of CIO. Some software vendors have started to include "gag" rules in their contracts.

In the examples cited, contracts are now including terms that restrict a client's ability to seek third-party guidance. This would potentially include seeking outside advice on contract negotiations, product analysis, user references and even legal council.

Ray Wang, a Forrester analyst, first noted this trend and cited another example where a client was prohibited from disclosing information about product bugs to peers, user groups and the media. 

Neither of these sources referenced CMS software specifically, but I think this is something to keep in mind as you evaluate products. Most software vendors that I've worked with have been completely sincere and honest in their dealings. However, I've seen instances where vendors offered prospective clients a ready-made RFP and/or requirements document for Web content management. To an un-suspecting client, this may make the product selection process "easy," but keep in mind that if a software vendor is offering you guidance on how to select software... well, odds are it's going to be hard-wired for their particular product.

As you're evaluating products, take advantage of industry analysts like CMS Watch and the bounty of online blogs and communities that offer insights into products such as CMS Critic, or CMS Wire. Reaching out to industry peers is another great source of information. For example, Webiscope is a community of Healthcare Web practitioners and GovLoop has several Web groups for networking with government Web managers.

If you're already at the contract negotiation stage, take time to review the terms and conditions carefully, and don't be afraid to push back on questionable clauses.

Thankfully we're living in a Web 2.0 world where we have access to a lot of information. Take advantage of the resources that are available to you and make sure you do your homework before signing a contract.