managed services masters series: best practices in creating it contracts

Managed Services Masters Webinar Series: Best Practices in Creating IT Contracts

July 17, 2013

Best Practices in Creating IT Contracts Gregory J. Dunn Ice Miller Columbus

Partner Comprehensive

knowledge in broadband, IT services, and private/public relationships.

Best Lawyers in America

Best Practices in Creating IT Contracts Michael G. Minnich NetGain Information

Systems Company CEO & General

Counsel IT Channel Expert MSP Mentor Top 250 Inc. Fast Growth 5000

Today’s Agenda Hot Contractual Issues for MSPs Best Practices in IT Contract Drafting Checklist of Critical Provisions for Your Client

Agreements Questions and Answers

Hot Contractual Issues for MSPs Contract Alignment

From Manufacturer to Distributor to MSP to Client Who is Responsible for Delivering What to Whom? How are Service Issues Escalated? Who pays What / Whom when Service Level

Agreements are Missed?

Warranties, Disclaimers, Limitations of Liability and Indemnification Provisions –

Best Practices in IT Contract Drafting Contract System

Two Parts – MSA and SA Master Service Agreement & Service Attachment

MSA – 25 pgs. - soft or hard copy – 1 time review General terms and conditions for all services and goods

Service Attachments Terms specific to a particular project or service

e.g. Data Back-up & Restoration, Server and PC Mgt., Monitoring, Managed Print, Hosted UC, etc.

Sample Service Attachment

Contract Checklist Review Your Current Agreements

Clear start and stop dates? Expiration vs. Termination

Are all of the sections on the Checklist covered? Is your contract language clear? Does your contract cover all the “What ifs?” What happens if there is a dispute?

Meeting, Mediation, Arbitration, Litigation?

Quarterly Self-Audit Your Agreements - e.g. is each Agreement signed & dated by both parties, renewed, etc.?

This presentation is for informational purposes only and not intended to be specific legal advice. Please consult with your attorney within the attorney-client relationship for specific legal advice.

Your IT Industry Association

Get this recorded webinar at www.comptia.org: Managed

Services Masters Series: Best Practices in Creating IT Contracts

Register for future webinars at: www.comptia.org/events/webinars