If you are negotiating services with a customer or supplier, the process can take some time and culminate with a contract that defines the obligations and requirements of all signatories. If both parties repeatedly enter into a contract for the same service, you can see that the negotiations take the same time, but most of the conditions remain the same. All parties can reduce time and participation by first agreeing on a master service contract. Negotiating such agreements from scratch can include lawyers and a lot of time and money that neither you nor the other party want to spend. One way to shorten the process is for each party to provide a pre-negotiated agreement, which can be amended if necessary. This method saves time, but can create an advantage for the party that provided the initial agreement. A fairer approach is to start with an objective model that both parties can modify together. Such models can be purchased from office supply distributors or online. A master service contract is a contract that sets most, but not all, conditions between the signatory parties.
The aim is to speed up and simplify future contracts. Negotiation, which takes time, takes place once, at the beginning. Future agreements will have to set out the differences in contract and may require only one order. MSOs are common in information technology, union negotiations, government contracts and long-term customer/supplier relationships. They may concern a large territory, such as the country or a state, with partial conditions negotiated at the local level. You can specify all the differences with the MSA by providing more specific details for each new contract or order. These characteristics often include working hours that depend on local working conditions; pricing that is influenced by the cost of living in the contract territory; and materials available in local markets. For.B example, the MSA requires you to maintain a client`s computer once a month and define the types of services you provide, your warranties and your contact information. Your customer`s monthly order can then indicate the exact date of the maintenance, plus the cost of all deliveries needed to complete the process. Master service agreements generally set payment terms, delivery requirements, intellectual property rights, guarantees, restrictions, litigation, confidentiality and labour standards.
For example, the MSA can specify who holds the final ownership of new developments, whether royalties are due for products from new discoveries, and to whom and how information can be disseminated without violating confidentiality agreements. Another important clause involves compensation or the distribution of risk among all signatories when a party is sued by an external body. It may be a question of whether all parties are responsible for legal fees or whether each party should follow alternative methods of resolving disputes. Aurelio Locsin has been writing professionally since 1982. He published his first book in 1996 and is a regular contributor to numerous online publications specializing in consumer, economic and technology issues. Locsin received a bachelor`s degree in scientific and technical communication from the University of Washington.