An MSP can customize software as part of managed services. An MSP wishing to use the software code for other customers should ensure that MSA clearly states that the MSP holds the copyright to the literary work that is the software code, otherwise the MSP is prevented from having a potential source of revenue. In this scenario, the MSP grants the client a non-exclusive, non-transferable and non-sub-conceded license for the use of the software during the service delivery period. Have you ever opened a product with “a necessary assembly” that doesn`t contain instructions (or contains, but only in a language you don`t understand)? It`s frustrating. Unfortunately, many customers feel the same way about their service agreements. An agile MSP often has the technology to enable a relatively smooth increase and re-encadation of services, while ensuring that a large down-scaling is not just a termination right for convenience reasons, when that is not the intent of the MSP and prices have been calculated with discounts based on large voluminas over a period of several years. A Service Level Agreement (SLA) is a contract that in many ways sets the tone of the relationship between the customer and the customer. WADA defines a number of delivery elements and delivery parameters that one party has agreed to provide to another. You certainly don`t want a number of different agreements to wander around, so you`re never sure which customers are under what provisions. An annual audit of your documentation is usually sufficient. Focus primarily on finding and amending clauses that cause problems for you or that don`t benefit your business relationships. The following paragraphs are clauses that you may want to add to the next revision. If so, you`ll probably have designs to add or expand your managerial service offerings and record recurring revenues, either soon or on the road.
If so, your Management Services Agreement (MSA) will be your most important transformation tool. If you need advice when developing or concluding a management service contract, please contact me for a confidential and non-binding discussion. Exclusions should be inserted for loss of earnings, revenues, transactions, good performance and data, whether direct or indirect, and the general exclusion of indirect and consequential damages should be excluded. If customers insist on liability for data loss, this should be denied, even if the MSP provides data storage and backup services, especially since it is very often difficult or impossible to reconstruct or evaluate the data, especially when the customer is the one who integrates the data and the MSP cannot guarantee the integrity of the data. The content of an MSA varies depending on the services provided, the relationship between MSP and client and the content of the associated service documents, but includes general clauses: Below you will find examples of the language of the contract that can be used in a managed service contract. When developing these clauses, I met with a lawyer to make sure they were the right language for the present and for the future. These clauses or variations of these should be part of a management service agreement. The language of the contract in these clauses is intended to provide adequate coverage to your customers, taking into account situations beyond the control of your MSP while guaranteeing the protection of all parties. Where third-party services are provided by the MSP, the MSA must make it clear that the MSP is not responsible for a service interruption in the event of a service interruption caused by these services by third parties, or loss or damage caused by a virus in the customer`s system or crash.