An MSA generally contains the following elements: Scope of work: ensures that both parties understand what work will be delivered. Confidentiality: protects intellectual property and other proprietary information from being disclosed. Geography: defines where the work will be performed.
If you are a business that enters into multiple Master Service Agreements per year, it is to your advantage to work with a business lawyer to prepare your own Master Service Agreement template and related Statements of Work for consistency, risk mitigation and control purposes.
The master service agreement checklist is your essential companion for confidently handling complex master service agreements (MSAs). It makes creating, reviewing, or changing MSAs easier.
Specify governing law. Identify the working relationship. Clearly define the scope of work. Specify what benefits, if any, the contractor will receive. Assign intellectual property. Include confidentiality clauses. Include a termination clause.
Sometimes, a contract covers a one-time action between parties, but what happens when the relationships or circumstances are ongoing? When signing parties know they will continue to work together in the future, a Master Service Agreement (MSA) can simplify those future agreements and speed up the negotiation process.
At its most basic, an MSA is a contract between two or more parties that establishes what terms and conditions will govern all current and future activities and responsibilities. MSAs are useful because they allow the parties to plan for the future while also speeding the ratification of future agreements.
In summary, Terms of Service are designed for individual users and are used in B2C relationships, while Master Service Agreements are tailored for business-to-business relationships and provide a comprehensive framework for ongoing service provision between companies.
Unlike an SLA, an MSA covers a wider range of contractual provisions and services and is often used as a legally binding contract between vendors and clients.
SLAs often commit organisations to targets or quality standards, while MoUs are often used for more informal relationships.