Contracts in information technology, contract research and other related „open“ areas to support an organization`s functional support areas such as HR, finance, marketing and the supply chain are often negotiated as the Master Service Agreement and the Statement of Work. As a general rule, the Master Service Agreement sets out general terms of payment, product guarantees, intellectual property, dispute resolution, geographic location and jurisdiction and other elements such as corporate social responsibility, business ethics, network access, access to facilities and other entities that an organization considers essential to their mission for all agreements. The job description (SOW) is a contract between a client and an agency, which includes the specifics of each product and the services to be provided. It usually functions as a project agreement and sets expectations. Parties often sign SOW with MSA. Your client`s role in choosing a client is to perform the due diligence necessary to feel familiar with your work, your staff and your process. This includes checking references. If your client trusts your skills, you won`t have to worry about being less prescriptive with your PSA or SOW. In fact, you`re responsible. You don`t know what you don`t know, do you? Don`t propose the wrong things just to engage your agreement with a beautiful bow. Be honest and say you`re doing what`s best. Most of our potential customers, when they read our EPI, are not attentive to our lack of targeted specificity. Most creative professionals want to have as much work as possible.
One way to simplify this is to use the MSA/SOW format for your customer agreements. If the MSA and SOW have similar or contradictory language, the MSA is usually the over-the-age agreement. Some lawyers will tell you that it should be the other way around, and will fight for that provision. Finally, the details covered by the SOW are more project-oriented and granular and can therefore offer a broader context. For each specific project, a SOW is created, very specific to the current work. Take advantage of a free 30-minute consultation to review a SaaS agreement, highlight everything that is important and/or provide the added security of adequate protection. Users may be surprised by the errors and/or omissions that occur in most standard SaaS licensing agreements. Greg, thank you for the article and take the time to create it.
What is your recommendation/advice on the use of these types of agreements within an organization? I often find that contracts and SOWs are not necessary and require more effort and resources to maintain them, if a project manager and stakeholders have good confidence and many agile practices are applied, that contracts and SOWs are not necessary and require more effort and resources to wait for a simple conversation. Once you have reached an agreement with your partner, you should inform them that you now share the current version of the forms with your stakeholders and that you are legal for final verification. This will allow your stakeholders 1) to be involved in the process, 2) to ensure that their needs are met, and 3) to be prepared to support the new treaty with enthusiasm.