1101
Why MSPS Need Their Own Data Processing Agreements
Over the past ten years regulation of data privacy and security has proliferated at the international, federal and state levels. Several industry-based federal regulations have been developed such as HIPAA for healthcare and GLBA for financial services. Other geographica......
1912
Is It Time to Tear Up Your MSP Agreement?
You offer your clients managed services that help them run and grow their business empires, but is it time for you to tear up your MSP agreement? In this moment in time when everything about business – and our lives – seems to be in flux, this is an important questio......
2308
How to Recover Early Termination Fees For Managed Services
IT service providers that include early termination fees in their contracts must decide if they want to seek reimbursement when a customer terminates a contract early. MSPs find themselves asking: Is anything owed? Can I collect? What is the cost? Here are key points to cons......
2104
Termination Clauses in IT Managed Services Contracts
Monthly recurring revenue and multi-year contracts have been the driving force behind managed services for years. They have been the basis for the tremendous growth in managed services over the years.
The length of the term of a service agreement is very important as ......
0203
Risk Balancing Provisions in in Managed Services Contracts
The risks for Managed Service Providers are constantly evolving. New cyber threats and regulatory compliance requirements present significant challenges for MSPs. The most important way to mitigate privacy and security risks for Managed Service Providers is by including ......
1701
Managing Risk in Managed Services
This past week I had the opportunity to present on the topic of managing risk in managed services to the OTX Roundtable. I want the thank the OTX Roundtable and Mark Jennings in particular for inviting me to speak. What follows is Mark’s transcript of the meeting.
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0810
Negotiating Technology Contracts – Insurance Requirements
One of the most overlooked sections in a technology-related contract is the insurance section. Whether that contract involves IT services, development, Software as a Service or Cloud Services, the insurance section is just as important as the other risk-allocating provis......
1808
Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement
Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud ......
1606
Top Tips for Improving Outcomes for IT Transactions
Negotiating with software, SaaS and hosting vendors is a leverage game. Market leaders like Microsoft, Oracle, IBM, Adobe and SAP know this. Those vendors have structured their sales processes to maximize their ability to exert control over the negotiations framework and......
1305
Negotiating Technology Contracts: On-premise vs. Cloud and Hosted Software
More and more businesses are considering accessing hosted software rather than purchasing on-premise software. They are also placing data in third-party public or private clouds instead of selecting on-premise software. This article will explain the key considerations ......
1504
Negotiating a Statement of Work: Key terms in a Statement of Work
Often, after signing a Master Service Agreement (“MSA”), a service provider and its client will memorialize the details of the project by crafting a Statement of Work (“SOW”). The importance of the terms in a SOW is sometimes overlooked by both business and legal t......
0109
Benefits of Negotiating a Source Code Escrow Agreement in a Software Vendor Contract
Many businesses have software licenses that are tailored to the business’ needs, and are for business operations on a day-to-day basis. But what happens if the software provider goes out of business or discontinues support for the software? In short, the business may not h......