Back to Back Agreement

Back to Back Agreement for Technology Businesses
Back-to-Back Agreement: Law 365

Why do you need a Back to Back Agreement?

You’re in the middle of a project with your customer, but you’ve landed another contract, and you need a helping hand.

The best solution it to bring in a subcontractor to help lighten the load... but you don’t want to be liable for any mistakes the subcontractor makes... right? You need a Back to Back agreement to define responsibilities and liabilities.

What is a Back to Back Agreement?

A Back to Back Agreement allows you to flow down terms from your main contract to your subcontractor. You can clearly outline in the agreement who is responsible for what, and whether you are discharging all of your duties, or just specific jobs.

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Table of contents

View the contents of a Back to Back Agreement

Key facts

Get the key facts for a Back to Back Agreement

Frequently Asked Questions

A: If a mistakes or delays occur due to the subcontractor, action and claims will be brought against the main contractor. How does the main contractor protect themselves?

By stipulating in the agreement that, should a claim arise out of a breach by the subcontractor, they shall have to reimburse the main contractor. We call this payment an indemnity, and it is one of the key points of the Back to Back Agreement.

A: “Full” Back to Back is where the main contractor shifts the entirety of their obligations and liabilities for the main contract onto the subcontractor. “Partial” Back to Back is when the main contractor only passes on some of their obligations to the subcontractor. Our agreement allows for both options.

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This is a “Forever Template”

We will continually update this template with the frequent Microsoft updates such as CSP and other flow down terms, plus we will update the relevant terms to ensure you can claim as many rebates as possible, and get recognised by Microsoft such as CPoR, (Claims Partner of Record) DPoR (Digital Partner of Record), and PAL (Partner Admin Link).

We will also continually update this template as the law changes, for example, GDPR (General Data Protection Regulation) and the effects of Brexit on our laws, as we untangle ourselves from the European Union.

Used by
  • Managed Services Providers
  • ISV, Software, Apps and IP
  • System Integrators Professional Services Consultancy Partners
  • Hosting Partners
  • Licensing Partners
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Kim Simmonds, CEO and Founder, Law 365

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