The importance of MSA Agreements in B2B deals

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Every business transaction comes with its own risks, legal and financial. To ensure that each party involved in a deal is adequately represented, and their interests fully protected, drafting a Master Services Agreement (MSA) is essential. An MSA is a comprehensive document which outlines the terms and conditions of the agreement; from the specifics of services being provided, to payment terms and duration of contract.

The Genie AI team understands the importance of taking care when drafting an MSA; ensuring that all clauses are well-defined to minimize any misunderstandings between parties. Especially relevant in this regard are confidentiality clauses – an integral part of any MSA – which protect confidential information from being disclosed to third parties without consent. Limitation of liability clauses also serve as essential components in guarding against any potential damages or losses which may arise during performance under the contract. Finally, termination provisions should be included outlining procedures for terminating the agreement as well as who will bear responsibility for associated costs should either party choose to end things early.

To summarise, having an MSA in place prior to entering into a business deal will protect both parties’ interests by clarifying responsibilities and expectations whilst providing secure restrictions on how confidential information should be treated throughout the relationship’s lifespan. If you’re interested in reading more about MSAs or how you can access our template library today, read on below for step-by-step guidance!

Definitions

Master Services Agreement (MSA): A legally binding contract between two parties that outlines the terms of their working relationship.
B2B Deals: Business-to-business deals are transactions between two companies.
Risk Mitigation: Risk mitigation is the process of reducing or eliminating potential risks to a business.
Clause: A clause is a section within a contract or agreement that outlines the expectations, rights, and obligations of both parties.
Enforceability: The ability of a contract to be enforced by a court of law.
Jurisdiction: The legal authority to hear cases and make judgments.
Tax Implications: The financial impact of taxes on a business transaction.

Contents

1. The purpose and importance of Master Services Agreements (MSA) in B2B deals
2. Understand what a MSA is and why it is important
3. Understand why MSAs are used in B2B deals
4. Risk mitigation strategies for protecting the interests of both parties
5. Identify potential risks and how to manage them
6. Determine which strategies should be implemented to protect both parties
7. A discussion of the key clauses that should be included in an MSA
8. Understand the clauses that are commonly included in MSAs
9. Explain the purpose of each clause
10. How the clauses can be used to protect both parties
11. Analyze each clause to determine how it can be used to protect each party
12. Understand how the clauses can be used together to achieve a balance of interests
13. Other considerations for ensuring fairness in MSA agreements
14. Understand the different types of considerations that must be taken into account
15. Evaluate potential scenarios and how they can be addressed
16. A summary of the benefits of using MSAs
17. Outline the advantages of using MSAs
18. Understand how MSAs can help improve the efficiency of business operations
19. Preparing the MSA document
20. Identify the necessary information needed to create the MSA
21. Gather and organize the information in a format that can be used to create the MSA
22. Negotiating the MSA
23. Understand the negotiation process for MSAs
24. Discuss the clauses and negotiate the terms of the MSA
25. Executing the MSA
26. Create a legally binding contract
27. Have both parties sign the MSA
28. Monitoring and enforcing the MSA
29. Understand the importance of monitoring and enforcing the MSA
30. Identify strategies for ensuring compliance with the MSA

Get started

The purpose and importance of Master Services Agreements (MSA) in B2B deals

• Understand what a MSA is and why it is important: A MSA is a contract between two companies that outlines the services they will provide to each other, and sets out the terms and conditions of their business relationship. It helps to ensure that both parties understand the expectations, responsibilities and liabilities of their relationship, and helps to protect both parties from any potential disputes.
• Research and review MSA guidelines and best practices: Familiarize yourself with the standard clauses and terms that should be included in a MSA, as well as any additional clauses that may be necessary for your particular situation.
• Draft a MSA: Once you are familiar with the standard clauses and terms, as well as any additional clauses you may need, you can begin to draft a MSA for your particular situation.
• Negotiate the MSA: Once a draft MSA has been created, it is important to negotiate the terms and conditions of the agreement with the other party.
• Finalize and sign the MSA: Once both parties are satisfied with the terms and conditions of the MSA, they should sign the document to make it legally binding.

How you’ll know when you can check this off your list and move on to the next step:

• When both parties have agreed on the terms of the MSA, and the document has been signed and legally binding, you can proceed to the next step.

Understand what a MSA is and why it is important

• Research the definition and purpose of an MSA
• Learn about the common contents of MSAs
• Assess the benefits of having an MSA in place in a B2B deal
• Understand the importance of having a comprehensive MSA that covers all potential areas of dispute

You will know you can check this off your list when you have done research and understand the definition and purpose of an MSA, as well as the common contents of MSAs, the benefits of having an MSA in place in a B2B deal, and the importance of having a comprehensive MSA that covers all potential areas of dispute.

Understand why MSAs are used in B2B deals

• Identify the potential risks associated with the B2B deal
• Understand how the MSA can help mitigate those risks and protect the interests of both entities
• Examine the scope and objectives of the agreement to ensure they are clear and match the needs of both parties
• Define the responsibilities and obligations of each party
• Consider any additional clauses or language that may be necessary to address any particular issues or concerns

Once you have a clear understanding of why MSAs are used in B2B deals and how they can help protect the interests of both parties, you can check this off your list and move on to the next step.

Risk mitigation strategies for protecting the interests of both parties

• Analyze the deal from both sides and identify potential risks
• Draft a MSA that covers the scope of the deal
• Include provisions for identifying and mitigating risks
• Make sure the agreement is legally binding and enforceable
• Include a dispute resolution clause
• Discuss the terms of the agreement with legal counsel
• Negotiate changes with the other party, if necessary
• Finalize the agreement and have both parties sign on

Once the agreement is finalized and both parties have signed the MSA, you can check off this step and move on to the next step.

Identify potential risks and how to manage them

• Brainstorm potential risks associated with the agreement and all outcomes that could arise
• Analyze the agreement, and identify any potential risks that may arise if one or both parties are not in compliance
• Outline potential strategies to manage potential risks and how they will be implemented
• Document any potential risks and strategies in the agreement
• Once all potential risks and strategies have been identified and documented, you can move on to the next step.

Determine which strategies should be implemented to protect both parties

• Identify the parties involved in the agreement and their respective roles
• Determine the level of risk associated with the agreement and the strategies required to protect both parties
• Consider the laws and regulations that may affect the agreement and the strategies needed to comply
• Analyze the financial risks and strategies to mitigate any potential losses
• Analyze the contractual risks and strategies to protect both parties
• Analyze the operational risks and strategies to ensure the agreement runs smoothly
• Determine practical strategies to manage any potential conflicts
• Evaluate any potential liabilities and strategies to protect both parties
• Make sure that the strategies chosen are compliant with local laws and regulations

When you can check this off your list:

• When you have identified all the risks associated with the agreement and have determined which strategies should be implemented to protect both parties.

A discussion of the key clauses that should be included in an MSA

• Understand the scope of the agreement and ensure that it is clearly defined in the MSA
• Identify the services that will be provided by each party and the payments that are associated with those services
• Agree on the terms of any warranty or indemnification provisions
• Include a detailed description of the intellectual property rights associated with the agreement
• Establish a dispute resolution process in case of a disagreement between the parties
• Include a termination clause that outlines the conditions under which the agreement can be terminated
• Set out the governing law and jurisdiction of the agreement
• Incorporate a confidentiality clause to protect any confidential information exchanged between the parties

Once you have reviewed and discussed the key clauses that should be included in an MSA, you can move on to the next step of understanding the clauses that are commonly included in MSAs.

Understand the clauses that are commonly included in MSAs

• Read up on the different clauses that are typically included in an MSA.
• Familiarize yourself with the key provisions and clauses of an MSA.
• Review the clauses that are typically included in an MSA, such as indemnification, termination clause and more.
• Research industry-specific MSAs and the clauses that are typically included in them.

Once you have a solid understanding of the clauses that are commonly included in MSAs, you can check this step off your list and move onto the next step.

Explain the purpose of each clause

• Read each clause in the MSA and break it down into individual components
• Identify the underlying purpose of each clause, such as:
• Defining the services to be provided
• Establishing a timeline for when services must be rendered
• Setting out payment terms and conditions
• Establishing a process for resolving disputes
• Establishing confidentiality requirements
• Make sure to read all the clauses of the agreement carefully, as they may have different purposes and implications
• Once you understand the purpose of each clause in the MSA, you can move onto the next step in the guide.

How the clauses can be used to protect both parties

• Identify which clauses should be included in the MSA; it’s important to consider the needs of both parties
• Analyze each clause to determine how it can be used to protect each party from risks, like unexpected costs and unfulfilled obligations
• Create customized clauses, if needed, to ensure both parties are adequately protected
• Ensure that the language used in the MSA is clear and concise, to avoid any potential legal issues
• Have both parties sign the agreement, and make sure to keep copies for each party

When you can check this off your list and move on to the next step:

Once you have analyzed each clause to determine how it can be used to protect each party, you can move on to the next step.

Analyze each clause to determine how it can be used to protect each party

• Review every clause in the MSA and consider the implications for each party
• Consider the purpose and effects of each clause in terms of protecting each party’s interests
• Look for any potential conflicts between the clauses and identify any potential risks
• Determine which clauses can be used to protect each party from legal liability
• Use the clauses to establish clear terms for each party’s rights, obligations, and responsibilities
• Make any necessary adjustments to the clauses to ensure that each party is adequately protected
• When finished, make sure to document any changes and confirm with both parties
• When you have completed this step and both parties are in agreement, you can move on to the next step.

Understand how the clauses can be used together to achieve a balance of interests

• Understand the different roles each party plays in a B2B deal
• Analyze each clause’s implications for both parties
• Assess which clauses offer the most mutual benefit
• Identify clauses that could be used to offset any potential imbalance of power
• Determine how the clauses interact with each other to create a fair balance of interests
• Make adjustments, as needed, to ensure that the agreement is mutually beneficial and equitable

You can check off this step when you’ve assessed how the clauses can be used together to achieve a balance of interests between both parties and have made any necessary adjustments.

Other considerations for ensuring fairness in MSA agreements

• Review the provisions of the MSA agreement to ensure that both parties are adequately protected
• Consider whether the MSA should include limitation of liability and indemnity provisions
• Check for any representations and warranties, and whether they are reasonable
• Ensure that the agreement is written clearly, so that the terms are easily understood by both parties
• Make sure that there is a dispute resolution process in place in case of any disagreements
• Make sure that any changes to the agreement are documented and agreed upon by both parties
• Check that the MSA specifies how any breach of the agreement will be handled and the consequences
• Verify that the MSA has a term of expiration or renewal
• When all of the above considerations have been taken into account and all parties are in agreement, the MSA can be signed and the deal can proceed.

Understand the different types of considerations that must be taken into account

• Understand the legal implications of the agreement and the impact it can have
• Consider the financial implications of the agreement, such as who will be responsible for payment
• Take into account any potential disputes that may arise, such as how to resolve them
• Think about the duration of the agreement and how long it will be in effect
• Consider any data privacy or security issues that should be addressed in the MSA
• Look into any regulations or industry-specific requirements that need to be met

You will know you are done with this step when you have thought through all of the possible consequences and implications of the MSA agreement.

Evaluate potential scenarios and how they can be addressed

• Analyze the possible scenarios that may arise in the B2B deal
• Consider the legal implications that each potential scenario can have
• Consider the potential risks associated with each scenario
• Explore the potential solutions that can be used to address each scenario
• Consider the potential costs associated with each solution
• Compare the potential solutions to determine which is the most feasible
• Make a decision on the best course of action to address each scenario
• Once you have evaluated all potential scenarios and determined the best course of action, you can check this off your list and move on to the next step.

A summary of the benefits of using MSAs

• Understand the importance of using a Master Services Agreement (MSA) in Business-to-Business (B2B) deals
• Analyze the potential risks and benefits of using an MSA
• Identify the advantages of using an MSA over a simpler contract
• Review the key components of an MSA such as scope of work, payment terms, dispute resolution, warranties, and liabilities
• Make sure the MSA is tailored to the specifics of the B2B deal

You’ll know that you can check off this step when you have a comprehensive understanding of the benefits of using an MSA in a B2B deal.

Outline the advantages of using MSAs

• Identify the purpose of an MSA in a B2B deal
• Understand what types of clauses are typically included in an MSA
• Understand how MSAs can help protect both parties in a B2B deal
• Know the benefits of using MSAs in B2B deals
• Explore how MSAs can help streamline operations and reduce costs

You will know that you have completed this step when you have identified the purpose of an MSA in a B2B deal, understand what types of clauses are typically included in an MSA, understand how MSAs can help protect both parties in a B2B deal, know the benefits of using MSAs in B2B deals, and explored how MSAs can help streamline operations and reduce costs.

Understand how MSAs can help improve the efficiency of business operations

• Review the key components of an MSA to understand the type of agreement and its intended purpose
• Identify areas where MSA-based agreements can streamline operations and improve efficiency
• Analyze the legal, financial, and operational risks associated with using MSAs
• Consider the types of processes and contracts that can be handled using MSAs
• Assess the costs and benefits of using MSAs for the specific circumstances of the business

Once you have completed the above steps, you can proceed to the next step of preparing the MSA document.

Preparing the MSA document

• Gather the necessary information: Identify the parties involved, the services to be provided, and the payment structure.
• Draft the document: Create a document that outlines all the necessary information, such as the parties involved, services to be provided, payment structure, and any other relevant details.
• Review the document: Have the parties involved review the document and have them sign off on the agreement.
• Finalize the document: Make any necessary changes and finalize the document.

When you’ve completed this step, you can move on to the next step of identifying the necessary information needed to create the MSA.

Identify the necessary information needed to create the MSA

• Understand the scope of the deal and the services to be provided
• Identify the two parties involved, including contact information
• Understand the length and terms of the agreement
• Identify the applicable laws and regulations
• Identify any additional parties involved in the agreement
• Outline the payment and/or delivery terms
• Identify any confidentiality provisions
• Outline dispute resolution provisions
• Determine which party will be responsible for any taxes that may apply
• Outline any warranty or liability provisions
• Outline the termination process
• Include any additional provisions or provisions that may be necessary

Check off this step when you have gathered the information needed to create the MSA.

Gather and organize the information in a format that can be used to create the MSA

• Make a list of all the information necessary to include in the MSA
• Break down the information into the relevant categories, such as the parties involved, timeline, payment terms, and other details
• Create a document to organize the information in the necessary categories
• Use a template if available, or create your own
• Make sure to include all the necessary information, such as indemnification and liability clauses
• When you have organized all the information into the document, you can move on to the next step: negotiating the MSA.

Negotiating the MSA

• Understand the terms that are non-negotiable and the ones that can be negotiated
• Establish limits on the amount of liability that each party is willing to accept
• Identify the legal and financial impacts of the agreement for both sides
• Discuss the modifications that each party is willing to make to the agreement
• Reach an agreement between both parties that meets the needs of each

You will know when you can check this off your list and move on to the next step when both parties have agreed on the terms and conditions of the MSA.

Understand the negotiation process for MSAs

• Review the basics of contract negotiation
• Understand the different stages of negotiation in an MSA
• Learn the importance of understanding the other party’s interests and needs
• Become familiar with the different tactics used to negotiate an MSA
• Learn how to create an effective negotiation strategy and plan
• Understand the communication techniques used in successful negotiations
• Identify the key points of agreement and the obstacles to agreement
• Compile all relevant information and documents for the negotiation
• When you have a clear understanding of the negotiation process and the different approaches to negotiation, you can move to the next step: discussing the clauses and negotiating the terms of the MSA.

Discuss the clauses and negotiate the terms of the MSA

• Meet with the other party to discuss the clauses and negotiate the terms of the MSA
• Determine which clauses are best suited to the agreement and should be included
• Decide on the parties’ responsibilities and any exclusions
• Clarify any liabilities or risks
• Negotiate the duration, renewal and termination of the MSA
• Make a list of all agreed upon terms
• Once all terms have been agreed upon, you will have completed this step and can move on to the next.

Executing the MSA

• Obtain the proper signatures from both parties on the MSA
• Ensure that the agreement is properly signed and dated
• Review the MSA to make sure all parties are in agreement
• Make sure both parties have copies of the MSA
• Make sure both parties have a copy of the executed MSA

Once all of the above steps have been completed, you can be sure that the MSA has been properly executed and you can move on to creating a legally binding contract.

Create a legally binding contract

• Prepare a draft of the MSA agreement that outlines the terms, conditions, and responsibilities of both parties
• Consult a lawyer to ensure that the MSA is legally sound and covers all necessary points
• Have both parties review and negotiate the agreement
• Once an agreement has been reached, revise the MSA to reflect the changes made
• Have both parties sign the MSA, and then exchange signed copies
• Once all parties have signed the MSA, the agreement is legally binding and enforceable

You will know you can check this off your list and move on to the next step when both parties have signed the MSA and exchanged copies.

Have both parties sign the MSA

• Make sure all terms of the MSA have been decided upon and agreed upon by both parties
• Ensure that the signatures of all parties have been applied to the agreement
• Set up a delivery method of the signed MSA agreement such as email, fax, or snail mail
• After all parties have signed the agreement, both parties should receive a copy of the signed MSA agreement
• Once both parties have received a copy of the signed MSA agreement, this step will be complete and you can move on to the next step - monitoring and enforcing the MSA.

Monitoring and enforcing the MSA

• Establish an internal process for monitoring compliance with the MSA.
• Ensure that both parties receive regular reports on the performance of the agreement.
• Schedule regular meetings to review the performance of the agreement and resolve any disputes.
• Establish a process for resolving disputes quickly and efficiently.
• Create an effective system for tracking the performance of the agreement, including any changes that may arise.

Once you have established an internal process for monitoring and enforcing the MSA, you can check this off your list and move on to the next step.

Understand the importance of monitoring and enforcing the MSA

• Understand why it is important to monitor and enforce the MSA, such as ensuring that all parties are adhering to their contractual obligations, and that any disputes are resolved quickly and fairly
• Know the legal implications of non-compliance with the MSA, such as potential fines or penalties
• Research the different types of MSA clauses and how they can benefit both parties
• Identify any areas of the MSA that may need to be addressed or altered, as well as any potential risks associated with non-compliance
• When you have a complete understanding of the importance of monitoring and enforcing the MSA, you can check this step off your list and move on to the next step.

Identify strategies for ensuring compliance with the MSA

• Identify and document any strategies needed to ensure compliance with the MSA
• Evaluate the effectiveness of existing strategies, and identify any areas where improvement is needed
• Develop and document new strategies if needed to ensure compliance with the MSA
• Test and implement any required changes to existing strategies
• Monitor and evaluate the effectiveness of any newly implemented strategies
• When all strategies are in place and evaluated as effective, you have identified and implemented strategies for ensuring compliance with the MSA and can move on to the next step.

FAQ

Q: Is an MSA Agreement legally binding?

Asked by John on March 25th, 2022.
A: Yes, an MSA Agreement is legally binding. It is a formal contract between two parties that sets out the terms and conditions of the agreement between them. The parties are legally bound to follow the terms of the agreement and any breach of the agreement can have legal consequences. It is important to ensure that any MSA Agreement is drafted by an experienced lawyer in order to ensure that it meets all applicable laws and regulations.

Q: Are there any differences between MSA Agreements in the UK, US and EU?

Asked by Sarah on August 11th, 2022.
A: Yes, there are some differences between MSA Agreements in the UK, US and EU. Depending on where you are located, there may be some differences in the way that MSA Agreements are written and interpreted. For example, in the EU, MSA Agreements must comply with certain consumer protection regulations whereas in the US they may need to be written in a certain way to comply with antitrust laws. It is important to ensure that any MSA Agreement you enter into complies with all applicable laws and regulations.

Q: What are some common clauses included in an MSA Agreement?

Asked by David on July 4th, 2022.
A: Common clauses included in an MSA Agreement typically include definitions of terms used throughout the agreement, payment terms, warranties and indemnities, intellectual property rights clauses, confidentiality provisions and dispute resolution clauses. It is important to ensure that each clause is tailored to your specific business needs and industry sector so as to ensure that it meets all applicable laws and regulations.

Q: What happens if one of the parties breaches an MSA Agreement?

Asked by Jennifer on May 19th, 2022.
A: If one of the parties breaches an MSA Agreement then this could lead to legal consequences for them such as being liable for damages or having their assets seized. In addition, depending on the terms of the agreement, either party may be entitled to terminate it with immediate effect or can seek injunctive relief from a court of law. It is important to ensure that you take appropriate steps to protect your business if you think another party has breached your agreement.

Q: What are some of the benefits of having an MSA Agreement?

Asked by Joseph on October 8th, 2022.
A: An MSA Agreement can provide a number of benefits for businesses including protecting their intellectual property rights, setting out clear payment terms and conditions, providing clear expectations regarding performance obligations and providing a mechanism for dispute resolution should one arise. Ultimately, having an MSA Agreement in place can help protect both parties from any disputes or misunderstandings which may arise during the course of their business relationship.

Q: Is there a difference between an MSA Agreement and other types of business contracts?

Asked by Jessica on January 15th, 2022.
A: Yes, there are some differences between an MSA Agreement and other types of business contracts such as employment contracts or vendor contracts. An MSA Agreement typically sets out a more detailed set of terms and conditions which govern a business relationship between two parties such as payment obligations and intellectual property rights rather than just setting out the employment terms for one party such as wages or vacation days for example. Therefore it is important to ensure that you have an appropriate contract drafted for each type of business relationship you enter into.

Q: Does every B2B deal need an MSA Agreement?

Asked by Robert on April 12th, 2022.
A: Not every B2B deal needs an MSA Agreement but they can be extremely beneficial if used correctly as they help provide clarity around expectations between both parties and can provide a mechanism for resolving disputes should they arise. It is important to assess your particular needs before deciding whether or not an MSA Agreement would be beneficial for your particular B2B deal as each situation will be different depending on industry sector or business model (SaaS etc).

Q: How do I know which parts of my industry sector or business model would benefit from having an MSA Agreement?

Asked by Brandon on June 22nd, 2022.
A: When it comes to deciding which parts of your industry sector or business model would benefit from having an MSA Agreement it is important to assess your particular needs first before making this decision. Generally speaking however areas such as intellectual property rights protection, payment obligations and dispute resolution can all be better managed through having an appropriate contract in place such as an MSA Agreement rather than relying solely on verbal agreements or handshakes which may not provide adequate protection for either party involved in the deal should something go wrong further down the line.

Q: What costs are involved in drafting an MSA Agreement?

Asked by Elizabeth on February 1st, 2022.
A: The costs involved in drafting an MSA Agreement will depend on a variety of factors such as complexity level of the contract required, jurisdiction (UK vs US vs EU) or experience level of the lawyer involved in drafting it etc., however typically speaking you can expect costs ranging from £500 - £2000 depending on these factors mentioned above. It is important to shop around before deciding who you want to draft your agreement so that you get best value for money whilst still ensuring that it meets all applicable laws and regulations within your jurisdiction/industry sector/business model etc.,

Q: What happens if I need to make changes to my existing MSA Agreement?

Asked by Matthew on September 18th, 2022.
A: If you need to make changes to your existing MSA Agreement then this can be done but it is important that both parties agree to any changes before they are implemented so that everyone understands what has changed within their obligations under the agreement going forwards. Depending on how complex the changes needed are this might require additional legal advice from a lawyer who specialises in drafting contracts or amendments thereto so it might be worth seeking out legal advice before making any changes if needed so as not avoid any misunderstanding or confusion further down the line when trying enforce any new/amended terms within your agreement going forwards.

Q: Are there any specific requirements I should consider when drafting my own MSA Agreement?

Asked by Christopher on December 4th, 2022.
A: Yes - when drafting your own MSA Agreement there are certain things which should be considered such as ensuring that all applicable laws and regulations within your jurisdiction/industry sector/business model etc., are taken into account when drafting up each clause within it - this includes areas such as data protection laws where applicable - so as not expose either party involved in entering into said agreement from any potential liability further down the line should something go wrong with regards to how data has been collected/used/stored etc., This also applies for other clauses such as international trade rules depending upon where goods/services etc., are being supplied/provided etc., Additionally it’s also important to consider other elements such as dispute resolution mechanisms (whether through use of Mediation or Arbitration) should any disputes arise between both parties at a later date so as avoid costly court proceedings should things not go according to plan further down line after entering into said agreement going forwards

Q: What other documents might I need alongside my own customised MSA Agreement?

Asked by William on November 14th ,2022 .
A: Depending upon what type of B2B deal you’re entering into there might be additional documents which you’ll need alongside your own bespoke customised MSA Agreement - for example areas such as data protection compliance might require additional documents such as Data Processing Agreements (DPAs) if personal data will be collected/processed/stored etc., Additionally other areas such as international trade might require additional documents too such as Letters Of Credit (LCs) depending upon whether goods/services etc., will be supplied/provided across international borders requiring payment up front (or vice versa) prior those goods being shipped etc., So its important consider what type additional documents you’ll need alongside any bespoke customised agreements alongside what type of B2B deal you’re entering into prior entering into said agreement going forwards

Example dispute

Suing a Company Cited in an MSA Agreement

• A plaintiff can sue a company cited in an MSA agreement if they believe the company has breached the terms of the agreement.
• The plaintiff must prove that the company breached the terms of the agreement, and that the breach caused them damages.
• If the plaintiff is successful, the court can order the company to pay damages for any losses suffered due to the breach.
• Possible damages that may be awarded include compensatory damages, which is money that the plaintiff can use to make up for the losses they suffered, or punitive damages, which are intended to punish the company for their actions.
• The court may also order the company to take certain actions to rectify the breach, such as returning money or providing a service.
• The court may also order the company to pay the plaintiff’s legal fees.

Templates available (free to use)

Customer Service Agreement
Delivery Service Agreement
Distribution Service Agreement
Electric Service Agreement
Energy Service Agreement
Exclusive Service Agreement
Executive Service Agreement
Hosted Service Agreement
Information Technology Service Agreement
Laboratory Service Agreement
Limited Service Agreement
Manufacturing Service Agreement
Property Management Service Agreement
Repair Service Agreement
Sales And Service Agreement
Service Agreement Addendum
Standard Directors Service Agreement
Terms Of Service Agreement
Transportation Service Agreement

‍