All these scenarios should be detailed so that the customer does not make any misunderstanding about your services. An MSP can customize the software as part of managed services. An MSP who wishes to use the software code for other customers should ensure that the MSA clearly states that the MSP owns the copyright in the literary work that is the software code, failing which the MSP will be prevented by a potential source of revenue. In this scenario, MSP grants customer a non-exclusive, non-transferable, non-sublicensable license to use the software for the duration of the provision of the services. You certainly don`t want a number of different agreements to circulate, so you`re never sure which customers are under what conditions. An annual audit of your documents is usually sufficient. Focus primarily on how to find and modify clauses that cause you problems or do not benefit your business relationships. The following enumeration points are clauses that you may want to incorporate into your next revision. You should also consider your MSA as a potential selling instrument. You will notice that the coverage of our MSA template contains a checklist of services and products offered that will allow you to reinforce the value you offer to a customer before asking them to sign on the dot line.
Before even looking into the agreement, the customer has a clear understanding of what they are receiving as part of the agreement. The agreement should clearly define how long you will react to an issue raised by your customer. Be sure to indicate your hours of operation and offer services in addition to these opening hours. If so, whether or not there is an additional charge. The content of an MSA varies depending on the services provided, the relationship between the MSP and the customer and the content of the associated service documents, but include frequent clauses: ensuring that you will not be held liable for any loss or damage that is not beyond your control. The pandemic is a great example of how external forces beyond your control can quickly affect your business and customers. It is important that your management service agreement takes into account these possible changes and clearly defines expectations regarding the business relationship in times of crisis, including what customers should expect. These terms also define how your MSP is protected. Changes to ACL – service providers for the use of mandatory formulations. The above clauses are just some of the most common key clauses to include in an MSA. When drawing up such an agreement, it is important to ensure that it not only covers the services provided, but also takes due account of the risks to the MSP.
Specifies the regularity of software updates for devices as part of managed IT services. Provides a high-level definition of the services requested by a customer. If you need advice when designing or concluding a management service contract, you can contact me for a confidential and non-binding interview. When formulating the limitation of liability clause in the MSA, careful consideration should be given to ensueing so that the risk of liability in the event of infringement does not outweigh the economic benefit of the ADM. In the case of multi-year contracts, it is important to limit the liability for all claims each year to the total amount paid each year by the customer for the services, without an unused cap applying for subsequent years. Another nuance is to limit the liability of any service, such as a silo, to the amount paid by the customer for the service that motivates the liability. One of the characteristics of a good IT control services contract is its relevance. Customer business strategies and IT requirements are changing and contracts should not be rigid.
Therefore, the two parties should meet at least annually to check the conditions of use: when all the necessary services have been provided and all the conditions of the agreement are met. . . .