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Managed Services Masters Webinar Series: Best Practices in Creating IT Contracts July 17, 2013

Managed Services Masters Series: Best Practices in Creating IT Contracts

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In a webinar presented by Gregory J. Dunn, partner, Ice Miller LLP, learn the basics for developing an IT services contract. Do you know what core components are needed in every IT contract? Learn directly from a contract attorney about master services agreements, including separate service agreements for each IT service delivered. Hear about the three types of clauses - supporting, transactional and general - necessary to build an IT contract. Learn about each type of clause and where each fits, either in the master agreement or the service agreement, depending on the requirements of the IT contract. Find out about the relative importance of the general clauses and their relationship, such as the limitation of liability and its relationship to the warranty sections.

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Page 1: Managed Services Masters Series: Best Practices in Creating IT Contracts

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

July 17, 2013

Page 2: Managed Services Masters Series: Best Practices in Creating IT Contracts

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

Page 3: Managed Services Masters Series: Best Practices in Creating IT Contracts

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

Page 4: Managed Services Masters Series: Best Practices in Creating IT Contracts

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

Page 5: Managed Services Masters Series: Best Practices in Creating IT Contracts

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 –

Page 6: Managed Services Masters Series: Best Practices in Creating IT Contracts

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.

Page 7: Managed Services Masters Series: Best Practices in Creating IT Contracts

Sample Service Attachment

Page 8: Managed Services Masters Series: Best Practices in Creating IT Contracts

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.?

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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.

Page 10: Managed Services Masters Series: Best Practices in Creating IT Contracts

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