Almost all MSAs contain a confidentiality provision that is usually reciprocal between the parties. Those who do not have one can include the terms of a prior confidentiality agreement in the framework contract if they have been negotiated separately and dealt with problems that may arise during the execution of the ASM. In any case, privacy is almost always addressed and, more recently, its provisions are made available at the same time as the rules on data protection and data security when certain types of information (e.g.B personally identifiable information or «PII» are disclosed and processed as part of the relationship. 4. Limited Warranty: (a) MY COMPANY warrants, for a period of thirty (30) days after delivery (the «Warranty Period»), that all services are professionally provided in accordance with general industry standards. The exclusive liability of MY COMPANY (and the exclusive appeal of the customer) in the event of a breach of this warranty is that MY COMPANY again provides defective services or, if MY COMPANY is unable to remedy such failure within thirty (30) days, invalidates the invoice for the defective services. MY COMPANY is not liable with respect to a warranty: (i) if such a claim is made after the expiration of the warranty period or (ii) if the claim is the result of third party hardware or software, the actions of the customer or another party or is caused by other factors that are not subject to the proper control of MY COMPANY. Warranties provide customers with certain remedies under the law, such as for example. B the right to bring an action for damages for breach of a warranty.

However, master service agreements often provide for specific remedies instead of other remedies. For example, an MSA may provide that, if certain services do not essentially correspond to the current warranty, the service provider must remedy that non-compliance within a specified period of time with additional services at no cost to the customer. Service providers providing service-related warranties often require, as part of a single and exclusive remedy, that the customer agree that, if its efforts are unable to bring the services into compliance with the applicable service guarantee, it is able to provide the customer with an appropriate refund for the relevant services. For a service provider, this exclusive «Re-Perform or Refund» structure is a contractual risk management tool. Customers often object, for a variety of reasons, to limiting their MSA remedies for certain warranties, and customers often insist that all contractual remedies be cumulative. Whether you are a customer or a service provider, a master service agreement is an important tool to achieve your business goals. Working with a business lawyer who understands your business and the mechanisms of Master Service Agreements and Declarations of Work can help you optimize your contracting processes and create a solid foundation for your company`s success. Merging a master`s contract template can save a company countless hours of time and contribute to faster closing of transactions.

Timing can also be an important factor.