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Initial transportation services agreement template

everybody's Scott Halloween ski here vice president and co-founder of gillware Data Services and my topic of today is something that many of our partners asked us about which is how do I put together a master service agreement for the backup services that I'm offering to my clients as IT professionals and none of us like to think about legal aspects of what we do but nonetheless they're really really important so what we went ahead and did is we worked with our attorneys to put together a very universal agreement that you can use with your end-users what I want to do today is actually go through really the critical aspects of the agreement and at the end of the video if you're interested in actually getting your hands and downloading a copy of it so you can actually go and use it we're more than happy to provide that to you so what I'm going to do now is switch over mine and kind of go step-by-step through this document not every single part of it but the critical components that if you do go ahead and use this you'll need to update with your information to make sure that it works for your particular needs so again what we're looking to put together here is a master services agreement and for this particular agreement we're actually talking specifically about backup services but if you had other services that you're offering you could use this similar agreement for those services as well first things first you want to put your company logo up here at the top I just makes it kind of branded for you and adds a little more weight to it kind of working from top to bottom here in the document obviously the most important stuff here at the top is stuff like date your company name and obviously the small business's name that you're offering this agreement to you need to make sure that this is filled in properly the business type is going to be anything like an LLC or a corporation whatever that might be we have a very basic implementation of what services means or explanation of what's their backup services means and it's pretty straightforward there the first section after getting all the business address and company information in there is getting the fees and pricing put together again most of our partners are going to be offering this on a monthly recurring basis so you need to take a look at exactly what you're providing to the end-user figure out how many servers are supporting how many small maybe computers laptops desktops and put together what their monthly fee is going to be and you want to fill that in here now we do also have a pricing exhibit sometimes customers start with a certain level of services maybe they are only backing up one server but over the course of the year they go ahead and add another couple servers or another laptop or desktop that they want to back up with you you want to make sure that you lay out what those additional fees would be if they do decide to add additional backups to their service so this pricing exhibit is at the bottom I'm just going to scroll down there right now the pricing exhibit is right here we filled this in for you but go ahead and adjust this to whatever your pricing specifics are for the backup service that you're offering but again this really comes in handy when your customer comes six months into their contract and says hey I want to add another server and back that up so make sure that you put your pricing in here so that you're ready for those types of events it's going back up to the top here now we do our billing we recommend that we do it on a monthly basis so that's kind of what this language here explains we also suggest that you put something in that handles the situation where maybe the customer adds something mid month how is that going to get handled so we would recommend doing it just like we layout here if the company adds some servers they'll just simply get added onto the contract on the day that they add those servers all right next section really really important coverage and support you can leave this as is but if you do have different service levels or support levels at your offerings here and users make sure that you tweak this contract accordingly most of our are providing a weekly email report but if you have a higher-end service maybe better coverage or 24-hour support anything like that that you're going to be offering for an additional fee make sure that you spell that out here in this section similar to the fees and pricing section we also have an exhibit for support I'm going to scroll down to that again at the end of the document here on the support side we laid out the basic support Monday through Friday we put in 7:30 to 5:30 p.m. Central Time what the additional fees would be if they need support outside of those normal hours again adjust this for whatever you know weekend fees or holiday fees you might have all this chart here is an explanation of kind of the way you're going to handle a situation if it arises we suggest that you just kind of leave this as is and it really just goes through a lot of different scenarios on the left-hand side you have what is the backup solution description for example a full image backup with on-premise BDR so if that's what your customer has installed and that's how you're backing their data up what's the primary resolution strategy of course the first thing you're going to try and do is to restore from the on-premise BDR the secondary resolution strategy is going to transfer from Gilroy's offsite backup to an external storage device and ship it to the client and then in some situations there's actually a third approach for example if you're using off-site virtualization and then really really important you don't want to lock yourself into specific restore or response times we all know that things pop up and it's not always possible to hit a one hour response time or one hour resolution time so you know we typically say within an hour you're going to notification the company is going to respond and then resolution time is reasonable efforts so again you don't know how long it's going to take you to necessarily resolve the problem certainly don't want to put in a specific time they can track actually obligated to again anything can happen let them know you're going to respond quickly and that you're going to resolve it as fast as you as you can alright going back to the top here we covered service fees we covered support next critical section is going to be the term of the agreement we set this up with a one-year term it auto renews each year unless either party notifies the other within 60 days before the renewal a very very standard language here if you wanted to have a longer term you certainly can but one year is very very typical in the IT space we obviously have a lot of legal information in terms of the service fees taxes are obviously covered by the customer when they'll be invoiced and then handles late payments here very very standard termination clauses are also very standard we have really two of them one is for cause this basically says that if either party fails to hold up their end of the bargain and fails to fix that within 60 days for example if you fail to fix a back up situation within 60 days the end user has the right to cancel the service at that point in time you obviously get the right to remedy the situation but if you don't do that your end user has the right to cancel same thing goes for the customer if they fail to pay you they're not holding up their end of the deal they also you also have the right to cancel their service all right so the next sections really involve liability limitation of liability and there's a lot of legalese in here and I'm not going to go through all of it I'm not an attorney but the really really critical one that you want to make sure it's here and we have put it in is in the event something happens whatever that might be god forbid you lose the customers data you don't want them being able to come to you and basically put you out of business and this class essentially limits the damn images that you would be responsible to and that limitation is the preceding three months paid by the clients so if the kind client is paid to you 400 dollars over the last three months the most they can come after you for would be $400 and again of course we're all going to do our best to offer the very very best service that we possibly can but in the real world things happen it's not always avoidable and you want to make sure your business is protected now in the event that that happens so this language is in here it's very standard and again that most they can come after you for would be the last three months of payments that they made to you there's other language in here a very common in these types of agreements which is basically if act of God or things that you can't prevent it's not your fault you know fires floods tornadoes these are events that happen and are unavoidable and it's nothing you could do to prevent them then you're protected in those situations that language is in this contract as well we go through confidentiality security of content all very standard language and then we get down to the bottom again here you need to make sure you enter in your company's information that's pretty obvious here we already covered these exhibits make sure that you've updated them to match the pricing schedule that you're using in your business and again the support hours and any holiday weekend fees that you might charge make sure that these are up-to-date so again this was a really quick look at a very basic master service agreement that we had put together for the use of our partners there's really only about five sections these sections that I've highlighted in red that you need to pay special attention to most customers are going our partners are going to leave them as is but again in some of the support areas maybe you'll want to tweak some things obviously on the pricing schedule and of course for each customer you need to fill in their monthly fee for the services as well as your information here and your clients information again we're going to make this available to all of our partners just go ahead and fill out the information off to the side here and you can download to this Agreement its four-year use and hopefully it helps you get your backup service offering put together and obviously legally protects you in situations where god forbid something happens your business is protected thank you you