Master Services Agreement (MSA)
Master Services Agreement (MSA) for Technology Businesses
Why do you need a Master Services Agreement (MSA)?
At Law 365 we like to see long-lasting ventures between businesses. If you intend to collaborate on several projects with a client, it makes sense (and will save hours of time) to build a Master Services Agreement (MSA).
This agreement will outline all your framework terms for future projects with the client, simplify and speed up contractual negotiations, and give you back valuable time to do what you do best.
What is a Master Services Agreement (MSA)?
The Master Services Agreement (MSA) is a simple framework services agreement, it's the skeleton that supports the body of your relationship with your client. The body of work is outlined in the separate Statements of Work (SOW) for each service you provide.
Speak to an expertMaster Services Agreement (MSA)
Table of contents
View the contents of a Master Services Agreement (MSA)
Master Services Agreement (MSA) contents
1.Interpretation
2.Provision of services
3.Managed services
4.Responsibilities of supplier
5.Responsibilities of Client
6.Project organisation
7.Price and payments
8.Warranties
9.Acceptance
10.Client data
11.Intellectual property rights
12.Licence of software and third party software
13.Exclusions, limitations of liability, warranties and indemnities
14.Change requests
15.Confidentiality
16.Term and termination
17.Staff transfer and non-solicitation
18.Relief events
19.Force majeure
20.Antibribery and modern slavery
21.Waiver
22.Severance
23.Entire agreement and amendment
24.Assignment
25.No partnership or agency
26.Third party rights
27.Notices
28.Dispute resolution
29.Marketing
30.Governing law and jurisdiction
31.Counterparts
Key facts
Get the key facts for a Master Services Agreement (MSA)
If you are a services provider who hopes to work with your clients on a variety of projects, then you should consider building a Master Services Agreement. An MSA can be used to cover a variety of services from Professional to Managed. Once negotiations are finished on the MSA it can be used again and again, and you need only change the Statement of Work for each new project. A well-drafted MSA can speed up your negotiations and be used in all your business relationships.
The Master Services Agreement is drafted for the modern world. It is flexible and will allow any Statement of Work to take precedence over itself. How long it lasts depends on the needs of the parties. Should you be providing on-going services, the MSA will auto-renew annually. Should you only require it for a short project, then it will end when fees are paid and both parties are satisfied.
The MSA takes a while to draft and provides all the legal details related to liability, termination, risk management and obligations. Statements of Work are quick to negotiate and contain the commercial details of a project (fees, details of the project, timeline). A good, flexible MSA should have a clause stating that if a conflict arises between the documents the SOW will take precedence. this can save hours of having to redraft a 50-page MSA.
Ask our experts a question
Used by
- Managed Services Providers
- ISV, Software, Apps and IP
- System Integrators Professional Services Consultancy Partners
- Hosting Partners
- Licensing Partners
Other documents we can help you with...
Get in touch with Law 365
Whether you have a question or are looking for legal help for your business we are here to help - our mission is to support your businesses growth with less risk.
Book a free, no obligation call with our team.
Speak to an expert