CEO & Co-Founder, Attorney
Attorney with 25+ years of MSP legal experience. Co-Founder of Scott & Scott, LLP and Monjur. Has overseen contracting for 1,000+ MSPs.
Rob Scott is an attorney with more than 25 years of experience in MSP and technology law, and the co-founder of both Scott & Scott, LLP and Monjur. He has overseen customer contracting for more than 1,000 managed service providers and built Monjur to bring attorney-supervised contract intelligence to the MSP industry.
Licensed in Texas since 1999, Rob earned his J.D. from the Maurice A. Deane School of Law at Hofstra University and his B.A. in Economics and Philosophy from Austin College. His practice focuses on software licensing, software audit defense, data privacy, and vendor risk, representing MSPs and enterprise clients in transactions and disputes with major software publishers.
A client's insurance carrier paid out a seven-figure breach loss, then came after the MSP to recover it. The language in the MSP's own contract decided the dispute. Here is what your limitation of liability clause has to say before that day.
July 8, 2026An MSP had Claude draft his MSA, then sent it to an attorney for review. Here's what the AI got right, and what it never knew to include.
July 1, 2026
Every time your MSA or service language changes, your team scrambles to update templates, quotes, or old PDFs. And every time they forget, you risk having a client sign outdated or incomplete terms. This is version drift. And it quietly undermines legal consistency over time. For MSPs, this happens during pricing updates, service scope changes, […]
March 16, 2026
You can have speed, control, and customization, with attorney-supervised structure. If you’re like most growing service providers, you’ve been burned by messy contracts: One client insists on their custom paper. Another deal uses old language. A third needs a quick revision, but legal isn’t available. So you hold off on standardizing your documents because […]
March 13, 2026
Clients hire you to help them get secure. But that doesn’t mean you can guarantee they’ll stay secure. If your MSA promises a security outcome rather than a security effort, you’ve taken on a legal obligation that no service provider can realistically meet, leaving you vulnerable to cybersecurity liability. This is one of the most […]
March 12, 2026
You offer a trial or proof of concept (POC) to win the deal. The client starts using your tools or services. But without clear legal terms, you may be exposing yourself to unpaid work, unrealistic expectations, or even liability. Trials should be simple, but that doesn’t mean they should be informal. MSPs tend to treat […]
March 11, 2026
The hidden risk of using static pdfs for your contracts. You send a proposal. You attach a PDF with your terms. The client signs and moves on. Seems fine, until six months later, they dispute a renewal clause or a liability term, and you realize the PDF they signed is outdated. The version circulating […]
March 9, 2026
Your contract should define services, not absorb unlimited risk. You deliver IT, security, or compliance services. You show up. You do the work. You keep systems running. But without clear legal boundaries, a contract can quietly take on a role no service provider intends to play: an insurer. Here’s what that looks like in practice. […]
February 20, 2026
You provide the service, but behind the scenes, you’re relying on vendors, cloud providers, security tools, AI models, and compliance platforms. What happens when one of them fails? If your contract doesn’t shift that risk, the client may assume you are responsible. Vendor Failures You Can’t Control Cloud hosting outage that knocks your platform offline. […]
February 9, 2026
Your business isn’t standing still. One year, you’re offering IT support. Next, you’re managing compliance, AI integrations, or outsourced data services. But if your contracts don’t evolve with you, your risk does. The secret to staying protected as your services grow? Service Attachments. What Are Service Attachments? Service Attachments (SAs) are add-ons to your Master […]
February 6, 2026
You tell your client they need MFA. Or a backup solution. Or endpoint protection. But they say no. What now? As a service provider or technology consultant, you might feel stuck: you gave the right advice, but they refused it. If something goes wrong, will you still be blamed? Why It Matters Security breaches are […]
February 5, 2026
You’re running ads for a client. Everything’s approved. But then an accident happens, or worse, the client’s account gets hacked. Suddenly, $100K in ad charges show up, and the client expects you to pay for it. Without the right contract terms, this could become your problem. What Can Go Wrong A former employee still has access […]
February 4, 2026
You build a proposal. The client accepts. But instead of just listing tasks and pricing, your team adds in legal clauses, maybe a liability limit, or some security disclaimers. That’s a mistake. Orders are for defining what you’re doing, not for managing legal risk. What an Order Should Include Scope of services: What’s being delivered, […]
February 3, 2026
Many small businesses grab a generic agreement off the internet, tweak a few lines, and attach it to every deal. It seems good enough until something goes wrong. Outdated templates often miss key protections, don’t reflect today’s risks, and can leave you exposed. What Goes Wrong Your contract doesn’t protect you against criminal acts by […]
February 2, 2026
You onboard the client. The work starts. Then one day, without warning, they cancel. Or ghost. Or simply stop paying. Without clear contract terms, you’re left holding the bag after already delivering value. Early termination is one of the most common and costly risks for service providers. Here’s how to prevent it from becoming your […]
January 30, 2026
You’re about to close a deal, and the client sends over their contract. Maybe it’s a master services agreement, maybe just terms embedded in a quote. It seems faster to just sign it and move on. But those client-supplied contracts often include dangerous clauses that shift risk directly onto you. Here’s what we see most […]
January 29, 2026
Whether you’re writing code, designing a website, configuring AI models, or building a data pipeline, your clients may assume they own the output. That’s fine, but only if it’s true. Most of the time, IP ownership is unclear or misunderstood. And that leads to messy disputes, payment issues, and even lost rights. Where IP Confusion […]
January 28, 2026
The Integration Problem for Service Providers IT service providers run their business through a constellation of systems, quoting in HubSpot, or Salesforce billing in Alternative Payments, ticketing in ConnectWise or Autotask, and legal documentation in SharePoint or OneDrive. Each of these systems tells part of the client’s story. The problem is that they rarely talk […]
January 27, 2026
In legal work, AI hallucination is a liability risk that can cost your business. Most AI platforms treat contracts like any other text, scanning once and relying on probability to answer questions. It works for creative writing, but fails catastrophically in law. Pilot, Monjur’s AI legal assistant, was built differently. Here’s how things can go […]
January 26, 2026
The Size Problem No One Talks About Even the most advanced AI models have limits. GPT-4, Claude, and Gemini can process a lot of text, but not all of it. Their “context windows” cap how much they can see at once, and when you hit that ceiling, accuracy drops. That’s a serious problem in law, […]
January 23, 2026
The Scale Problem Handling large legal documents isn’t just about capacity; it’s about precision at scale. Enterprise clients work with massive MSAs, countless schedules, and years of amendments and exhibits that change frequently. Traditional AI systems can’t keep up. They either fail on ingestion, lose structure during parsing, or go stale between updates. Monjur Pilot […]
January 22, 2026
Attorney-supervised AR automation that keeps cash flowing and compliance intact. Why Collections and AR Automation Are So Hard Every company has felt the friction of collections. Invoices age, payments fail, and account managers chase balances through endless email chains. Billing systems can detect overdue invoices. But they can’t manage how to follow up, or when communication […]
January 21, 2026
Managing renewals, ensuring compliance, and keeping customers protected. Why Renewals Are So Hard For subscription-based businesses, from SaaS to managed legal services, renewals are the lifeblood of recurring revenue. Yet most teams still track them with spreadsheets, reminders, or best guesses. The problem isn’t just administrative. Renewal terms are buried deep in contract language, often […]
January 20, 2026
Vendor contracting has become one of the most complex challenges for modern procurement and legal teams. The challenge extends beyond sheer numbers. It’s the complexity of applying internal standards consistently across vendor agreements that vary by structure, language, and risk profile. Manual review doesn’t scale. Generic AI lacks context. Legal teams stay stuck doing mechanical […]
January 19, 2026
As a SaaS company, you’re probably integrating AI into your platform, whether it’s summarizing content, automating support, or providing predictive analytics. But AI brings a new kind of liability: the kind your existing contract likely doesn’t cover. When something goes wrong, an AI suggestion fails, a customer misuses the tool, or a model outputs biased […]
January 16, 2026
Creative agencies are using AI to move faster: generating copy, building design drafts, even analyzing campaign performance. But if you’re not careful, AI can create more legal exposure than efficiency. From copyright questions to client misunderstandings, here’s how to stay protected when AI becomes part of your delivery. The Real-World Risks of AI in Creative […]
January 15, 2026
AI is moving fast. You’re using it to deliver smarter services, help clients save time, and stand out in the market. But with AI comes new risks, legal, ethical, and operational. If your contracts don’t address them, you could end up responsible for something you didn’t build or control. What Can Go Wrong A model […]
January 14, 2026
Most small businesses depend on outside vendors: cloud providers, payment processors, CRM platforms, and remote tools. But what happens when a vendor goes down, gets breached, or hikes prices without notice? If your contracts don’t handle that risk, you could be stuck with angry clients, financial loss, or legal exposure for something you didn’t cause. […]
January 12, 2026
You built something valuable, your software, your codebase, your platform. But if your contracts don’t clearly spell out who owns what, you might be giving away more than you think. Whether you’re signing customers, partners, freelancers, or early contractors, your agreements need to protect your IP from day one. Where IP Risk Shows Up A […]
January 9, 2026
If you’re running a small MSP, you know contracts matter. But getting legal review, updates, and new clauses can drag on. What if you could have attorney-approved contracts ready when you need them, without waiting? Why Speed Matters Clients sign fast. They expect you to deliver fast. If your contract lags, you lose leverage. The […]
January 8, 2026
Your Master Services Agreement (MSA) is more than a formality. It’s your first line of defense. A strong MSA helps you prevent misunderstandings, enforce payments, and stay compliant. But many small businesses are missing critical protections. Here are the three most important clauses your MSA should always include: Protection from Criminal Acts of Third Parties […]
January 7, 2026
Why Legal Support Is So Hard to Scale Every company reaches the same bottleneck: legal questions never stop. Sales wants to confirm renewal rights. Procurement wants to verify liability limits. Finance needs to know when a DPA is required. And everyone wants the answer now. The problem isn’t the lack of knowledge; it’s accessibility. Most of that […]
December 22, 2025
The Real Redlining Challenge For IT service providers, most redlining doesn’t happen in shared docs; it happens in inboxes. A prospect reviews the quote they received, clicks the link to your online terms, and emails back with questions or requested changes. Every time that happens, your sales team waits for legal to weigh in, redrafts […]
December 19, 2025
Inside most corporate legal departments, knowledge lives in silos. Each attorney keeps personal templates and preferred fallback language in private folders or email threads. When business teams request contracts, no one is entirely sure which version is current. Instead of accelerating deals, legal becomes a checkpoint, spending hours chasing versions, clarifying exceptions, and answering the […]
December 19, 2025
Every day, law firms and legal departments explore AI tools that promise efficiency and accuracy. Yet legal departments consistently report that AI tools fail to meet their requirements. Which, in turn, leads to widespread abandonment of promising implementations. According to the American Bar Association’s 2023 Legal Technology Survey, 73% of lawyers report interest in AI […]
November 2, 2025
Why Contract Templates Are No Longer Enough For decades, contract templates have been the workhorse of in-house legal and compliance teams. They deliver consistency, reduce drafting time, and create a baseline for managing risk. But in practice, templates often become bottlenecks. Too static: Templates sit in shared drives or Word documents, requiring manual editing for […]
November 2, 2025
Clients don’t just need legal support from 9 to 5. Questions about contracts, compliance, and risk can come up at midnight, over the weekend, or in the middle of a deal cycle. Traditionally, law firms haven’t been able to meet that demand, until now. By training AI assistants to deliver round-the-clock legal support, we can give […]
October 24, 2025
If you’ve ever been part of a contract negotiation, you know how painful it can be. Redlines fly back and forth. Clauses are argued, re-argued, and re-worded. Weeks drag into months. Everyone loses time and money. But imagine a world where most of that negotiation never hits your inbox. Instead, AI agents handle the back-and-forth […]
October 23, 2025
Although the legal profession is rooted in centuries of tradition, it is undergoing a subtle yet profound shift. Historically, legal services have remained structurally distinct from the operational systems clients use daily. Whether through billable-hour consultations, static document templates, or episodic legal review, the delivery of legal counsel has been reactive, context-agnostic, and siloed. Meanwhile, […]
August 5, 2025
For Managed Service Providers (MSPs), change is the only constant. From evolving technologies and expanding service offerings to ever-tightening regulatory requirements, your business must stay adaptable to survive and thrive. But what happens when your contracts fail to keep up? Outdated MSP contract risks can lead to security blind spots, compliance failures, and liabilities that […]
March 25, 2025
Most MSPs run on a contract written once and filed away. Here is how a dynamic, attorney-supervised contract stack stays current as your services, the law, and your vendors change.
March 24, 2025
As a Managed Service Provider (MSP), your business evolves constantly. Whether it’s new service offerings, changes in client needs, or the ever-growing list of regulatory requirements, staying ahead means adapting quickly. But what about your contracts? Too often, MSPs neglect their agreements, assuming a static document is “good enough.” The reality is that contracts need […]
March 24, 2025
As a Managed Service Provider (MSP), contracts are the foundation of your business relationships. But what happens when these agreements fail to keep up with the times? Outdated contracts expose your business to unnecessary risks. They can also hinder profitability, damage client relationships, and leave you vulnerable to compliance violations. In this blog, we’ll explore […]
March 20, 2025
Ransomware is more than just a threat. It has evolved into an epidemic. And for Managed Service Providers (MSPs), the stakes are especially high. Cybercriminals often target MSPs as a way to infiltrate multiple clients through a single breach. It makes your business a prime target. Beyond the technical challenges, ransomware also creates legal and […]
March 19, 2025
As a Managed Service Provider (MSP), you play a crucial role in helping clients secure their systems and protect their data. But what happens when clients ignore your recommendations? As MSP Cybersecurity threats become more sophisticated, the gap between security recommendations and client implementation continues to widen. Whether it’s skipping critical updates, rejecting advanced security […]
March 18, 2025
For Managed Service Providers (MSPs), vendors are indispensable. From cloud hosting to cybersecurity tools, your ability to deliver value often hinges on the reliability of third-party providers. But with this reliance comes risk. Vendor-related failures can expose your MSP to financial loss, client disputes, and even legal liability. Despite the critical nature of vendor relationships, […]
March 17, 2025
For Managed Service Providers (MSPs), contracts are the cornerstone of your relationships with clients. Yet, many MSPs neglect to revisit their agreements after the initial signing, leaving their business exposed to outdated terms, unaddressed risks, and compliance gaps. This oversight has become particularly critical. As the industry shifts from traditional break-fix models to comprehensive managed […]
March 13, 2025
Cybercrime is on the rise, and MSP cybersecurity is more critical than ever. Managed Service Providers (MSPs) are increasingly in the crosshairs of ransomware groups, phishing schemes, and other criminal actors. As the frontline defenders of your clients’ IT systems, MSPs face unique challenges in navigating the legal and operational risks associated with cybercrime. It […]
March 13, 2025
As a Managed Service Provider (MSP), you depend on vendors for critical tools and services, from cloud platforms to cybersecurity solutions. But what happens when these vendors fail? Whether it’s a service outage, a security breach, or non-performance, the ripple effects can disrupt your operations and jeopardize client relationships. If your contracts don’t clearly address […]
March 11, 2025
Managed Service Providers (MSPs) often rely on cookie-cutter agreements or generic templates to save time and costs. While this approach might seem convenient, it can leave your business vulnerable to legal, financial, and operational risks. MSPs operate in a dynamic industry where services, client expectations, and regulations evolve constantly. Generic contracts simply can’t keep up. […]
March 11, 2025
For Managed Service Providers (MSPs), contracts are more than just legal documents, they’re the foundation of your relationships with clients and a critical safeguard for your business. What keeps MSPs up at night are three key issues: vendor risk, regulatory compliance, and protection against criminal acts. Yet, many MSPs fall into common pitfalls when drafting […]
March 7, 2025
For many Managed Service Providers (MSPs), client contracts often feel like a formality, a necessary step to onboard a new client. But the truth is, these agreements are the backbone of your business. When they’re incomplete, outdated, or poorly written, they can expose your MSP to significant risks. From legal disputes to financial losses, bad […]
March 6, 2025
As a Managed Service Provider (MSP), your success hinges on trust and clear communication with your clients. At the heart of this relationship lies one essential document: the Managed Services Agreement (MSA). An MSA is more than just a contract, it’s your shield against misaligned expectations, legal disputes, and financial risks. Yet, many MSPs operate […]
March 4, 2025
The new year is looking bright for entrepreneurship: An Intuit Quickbooks survey reported that over 54% of respondents want to start a new business in 2025. Despite the struggles that may lie ahead due to shifting political and economic climates, many entrepreneurs are emerging with new, innovative ideas that are shaping the way businesses operate. Improve the […]
February 28, 2025
For managed service providers (MSPs), contracts are more than just formalities, they’re the backbone of client relationships and the shield protecting your business from unnecessary risks. But what happens when these contracts fail? MSP Contract failure can lead to disastrous consequences, including financial losses, legal disputes, and damaged reputations. In this blog, we’ll explore the […]
February 28, 2025
If you are an MSP, you cannot afford to get your Master Services Agreement (MSA) wrong. After all, it’s the foundation of your relationship with your clients. If done well, it sets expectations and protects your managed services business from legal and operational risks. And if done wrong, it can create more issues than it […]
February 26, 2025
Did you know that one overlooked detail in your MSP contracts can lead to six-figure lawsuits or regulatory penalties? What you need to understand before talking about the legal risks for managed service providers (MSPs). The legal foundations of their businesses often receive far less attention than their technical solutions. Business Impact: MSPs face unique […]
February 25, 2025
Yes. If used right, AI can revolutionize business. We know it already since it’s all everyone has been saying lately. But, the reality is that most small MSPs would be better off mastering basic security practices before diving into AI deployments. According to McKinsey’s 2023 AI report, 79% of organizations have had at least some […]
February 24, 2025
MSPs face daily challenges with cybersecurity risks and regulatory compliance that go beyond standard legal needs. While traditional legal services add “technology” to their practice areas without truly grasping MSP operations. They can offer some support. But they often fail to match the speed and flexibility MSPs require. That’s why more and more MSPs are […]
February 19, 2025
Running an MSP isn’t easy. And dealing with legal agreements shouldn’t add to your stress. Yet many MSPs try to piece together their own contracts or download whatever they can find online. A copied-and-pasted agreement might have worked five years ago. But with ransomware, data privacy laws, and vendor risks growing daily, generic contracts are […]
February 18, 2025
Most MSPs focus too much on vendor features and too little on vendor risks. For Managed Service Providers (MSPs), third-party risks directly affect daily operations and client relationships. Recent incidents like the 2021 Kaseya ransomware attack and the 2020 SolarWinds breach, each affecting over 1,000 customers, shows how severe the consequences of vendor-related issues can […]
February 14, 2025
Vague expectations can cost your Managed Service Providers (MSP) more than just time. In fact, they can damage both trust and profitability as well. But you can stop that. A well-defined Schedule of Services can put an end to the confusion. Whether it’s detailing what’s included or specifying what’s outside the scope of work, this […]
February 14, 2025
Have you ever received a call from a client demanding immediate support for a minor issue at 3:00 AM in the morning? Or did you end up delivering extra services without being compensated? These challenges often arise for MSPs that lack properly structured service attachments. While a Master Services Agreements (MSA) lay the legal groundwork, […]
February 13, 2025
When was the last time you reviewed your MSP agreements? If it’s been a while, you might be exposing your business to unnecessary risks like compliance gaps, unclear terms, and vendor disputes. And each of these can cost you dearly. So what next? All you have to do is evaluate MSP Agreements properly to ensure […]
February 13, 2025
In this article Robert Scott discusses the increasing frequency of data breaches and the associated legal liabilities businesses may face. While cybercriminals are the primary culprits, organizations can also be held responsible, especially if their actions or inactions contribute to the breach’s severity. Read full article at cybersecurity-insiders.com.
February 6, 2025
January 18, 2025, IT liability is an issue companies must carefully consider as they enter 2025. The threat landscape is evolving rapidly, with cyberattacks becoming more sophisticated and effective every day. In addition, data privacy laws also place more responsibility on companies that gather and store information related to customer identity and activity. To minimize risk […]
January 27, 2025
Corporate Counsel Business Journal interviews Rob Scott regarding the risks of relying on AI in research. Read the article in the June issue of CCBJ, pages 15-17.
July 19, 2024 To ensure MSAs are well-constructed, a growing number of organizations are turning to tools powered by artificial intelligence. These tools can play a role in various phases of the agreement process, including drafting templates, reviewing language, and identifying gaps and risks. Read the full article at infomeddnews.com.
May 12, 2024 Wondering if AI is more harmful than helpful? Rob Scott, Chief Innovator of Monjur spoke in this Channelholic article, “Threading the AI Risk/Reward Needle.”
April 26, 2024
AI is the next big thing in IT services for the SMB market. Managed Service Providers (MSPs) play a pivotal role in helping businesses navigate new technologies. However, many MSPs are still formulating their strategies on how best to incorporate AI into their service offerings. To address this, it’s crucial for MSPs to understand and […]
April 15, 2024
As the landscape of business services continues to evolve, the integration of Artificial Intelligence (AI) into managed services is becoming increasingly prevalent. With this integration comes a unique set of challenges and considerations that both service providers and their clients must address in their contractual agreements. In this article, we’ll delve into seven crucial AI-specific […]
April 9, 2024 The modern digital era, ripe with unparalleled technological evolutions, is remolding our perceptions and expectations at a pace once thought inconceivable. Among all the sectors witnessing this metamorphosis, the legal sector, long viewed as the stronghold of traditionalism, is both an architect and subject of these groundbreaking shifts. Read Robert Scott’s Article in the March […]
March 1, 2024
Striking a balance between flexibility and maintaining project integrity can be challenging. Challenges Drafting IT Contracts For decades, technological innovations have rapidly reshaped global industries and redefined business operations, and information technology (IT) contracts have become the foundation upon which organizations build their technological initiatives. These contracts govern the intricate relationships between clients, vendors, and […]
February 11, 2024 Discover how innovative AI tools and SaaS-enabled platforms transform the legal services industry. Robert Scott, co-founder and chief innovator of Monjur, writes about how businesses are embracing digital transformation. The legal service industry is not exempt; AI is now driving changes and introducing new solutions with significant implications. Read full article at spiceworks.com.
January 25, 2024
In the realm of Managed Services Provider (MSP) agreements, understanding the intricate landscape, particularly the rights and potential liabilities surrounding service suspension, is paramount. For MSP owners, ensuring the right to suspend services for non-payment without navigating legal landmines is essential for sustainable business operations. The Monjur’s Master Services Agreement (MSA) serves as a guidepost […]
September 27, 2023
A Moment of Truth in a Peer Group During a recent peer group session with Rob Scott, Chief Innovator at Monjur, and a gathering of MSPs, Rob posed a simple question: “Who here was worried about implementing our agreements for fear of your existing clients’ reaction?” Every hand in the room went up. Rob then […]
September 13, 2023
A Blueprint for Value Creation Over the years, Managed Service Providers (MSPs) have understood the critical role that recurring revenue plays in their enterprise value growth. Traditionally, hardware sales and projects offered short-term financial boosts but added little to long-term value. A shift in strategy has led to many MSPs adopting Hardware-as-a-Service (HaaS) models, which […]
August 31, 2023
Introducing Monjur’s Contracts-as-Service with Vendor Risk Mitigation The digital landscape is constantly evolving, and businesses need to keep pace. Nowhere is this truer than in the world of Managed Service Providers (MSPs). Not only do MSPs need to stay abreast of technological changes, but they also need to consider frequent legal updates, particularly in contracts. […]
August 30, 2023
View the full article: https://monjur.com/wp-content/uploads/2023/07/LJ_0417_Swan.pdf
July 24, 2023
In today’s ever-evolving cybersecurity landscape, managed service providers (MSPs) are continually navigating a sea of new challenges. Clients depend on MSPs not just for the latest technologies but also for their expertise in implementing sound security measures. However, the responsibility of MSPs should not extend to liability when clients fail to follow these crucial recommendations. […]
July 12, 2023
Master Services Agreements (MSAs) serve as the cornerstone of operational clarity between Managed Service Providers (MSPs) and their clients. This comprehensive guide is intended for MSP owners. We’ll clarify the strategic role of insurance and the limitation of liability clauses within our industry leading templates offered through our contracts-as-a-service solution. Together, these components create a […]
June 26, 2023
When considering your costumer contracts, the gravity of one particular clause in your Master Services Agreements (MSAs) cannot be overstated, the non-hiring clause. Allow me to elucidate why this clause is legally indispensable and how it fortifies the contractual backbone of your operations. Request A Consultation Guarding Your Human Capital Your employees are the […]
June 22, 2023
As a Managed Service Provider (MSP), your clients entrust you with a crucial responsibility: ensuring the security and smooth operation of their IT systems. This responsibility extends to the vendors that provide the software, hardware, and services vital to these systems. Vendor risk management, thus, becomes a critical aspect of your role. Federal regulations, such […]
June 12, 2023
Request A Consultation Vendor risk management has become an increasingly important aspect of IT management, especially for MSPs who are trusted by their clients to ensure the safety and security of their systems. This task includes carefully scrutinizing and managing the vendors who provide the software, hardware, and services that support these systems. The Role […]
May 22, 2023
As an MSP, you may be familiar with the challenges of getting clients to sign contracts and other legal agreements. One of the key strategies for streamlining customer contracting is the use of browser wrap agreements. Once your client signs the initial agreement, it agrees to future updates to the terms and conditions without the […]
April 19, 2023
As a Managed Service Provider (MSP), managing vendor risks is a critical aspect of your job. Your clients rely on you to ensure that their IT systems are secure and running smoothly, which means you must carefully vet and manage the vendors that provide the software, hardware, and services that support those systems. Such vendor […]
April 17, 2023
As MSPs strive to streamline their sales and contracting processes, many are turning to online contract management solutions that allow them to quickly and efficiently generate contracts, obtain electronic signatures, and manage the entire contract lifecycle. Request A Consultation One key feature of these solutions is the ability to incorporate terms and conditions by reference. […]
April 12, 2023
Why MSP’s Should Align the Indemnity Section of the MSA with the Wrongful Act Definition in the Insurance Policy When entering into an IT services contract, it’s important to make sure that the indemnity provision in the contract aligns with the definition of a wrongful act in a professional liability insurance policy. This alignment can […]
March 8, 2023
I have been representing IT managed services providers (MSPS) for almost 20 years. Years ago, I counseled my MSPS that it was necessary for managed services providers to present contracts to their clients for signature. Now we counsel our clients to collapse the sales and contracting processes into one step using their existing sales documents […]
February 24, 2023
IT managed service providers (MSPs) are companies that provide a variety of IT services to their clients, including network management, data backup and recovery, and security. MSPs are often tasked with managing sensitive data, such as personal and financial information, and must navigate a complex legal landscape to avoid potential liability. Legal Issues: Data protection […]
February 8, 2023
It’s difficult to determine the best lawyers for MSPs (Managed Service Providers) because the best fit depends on a variety of factors, such as the specific legal needs of the MSP, its location, and its budget. However, some things to consider when looking for a lawyer for an MSP include: Expertise: Look for a lawyer […]
February 6, 2023
This article is for Managed Services Providers (MSPs) interested in learning about Scott & Scott’s Contracts-as-a-Service solution. The cloud-based platform provides continuously updated legal protection to MSPs as new risks emerge. Scott & Scott’s master templates have been developed over 15 years and over 250 customer contract engagements. Our lawyers monitor regulatory changes, market shifts, […]
February 1, 2023
You offer your clients managed services that help them run and grow their business empires, but is it time for you to tear up your MSP agreement? In this moment in time when everything about business, and our lives, seems to be in flux, this is an important question, so let’s take a […]
December 19, 2022
POLICY & PROCEDURES FOR MANAGED SERVICE PROVIDERS (MSP) With the tightening of data protection laws that followed the introduction of GDPR, enforcement actions have begun to be more widespread. Heavy penalties are handed out by the Data Protection Authorities. There have already been some big victims, including Marriott and British Airways, who were both handed […]
December 12, 2022
IT service providers that include early termination fees in their contracts must decide if they want to seek reimbursement when a customer terminates a contract early. MSPs find themselves asking: Is anything owed? Can I collect? What is the cost? Here are key points to consider when determining whether to enforce an early termination fee. […]
August 23, 2022
INSURANCE REQUIREMENTS FOR MANAGED SERVICES PROVIDERS As a managed service provider (MSP), you naturally face significant risk, which makes the insurance component of your managed service agreement (MSA) critical. Too often, MSP contracts are weak, or completely silent, on the matter of insurance, which can leave you unnecessarily vulnerable. If you’re an MSP […]
August 8, 2022
When a Managed Services Provider begins a relationship with a new client, it is important they agree on certain terms and conditions by which business will be conducted. This is known as the Master Services Agreement (MSA). These are the foundational terms that all business will adhere to unless expressly superseded by a subsequent agreement. […]
July 14, 2022
What to include in your managed services customer agreement? As a managed service provider, how do you approach writing a complicated document like a Managed Services Agreement? Are there resources out there to refer to so you don’t have to start from scratch? Who, what, and where should it cover, specifically? The contract is a […]
July 13, 2022
Managed service providers (MSPs) face more risks than ever before and, as a result, require more legal protections. These risks include not only data privacy and cybersecurity issues but also challenges related to technology, compliance, profitability, and vendors, not to mention ever-increasing competition. It’s a lot, but a steadfast risk management and liability-limiting plan […]
July 13, 2022
How Managed Services Providers Can Mitigate Risks Our main goal is to help technology companies of all sizes manage their relationships with their clients and protect their IP rights. We will help managed service partners reduce their overall risk, streamline their sales process, and increase the value of the business through long-term contracts between the […]
July 13, 2022
Today’s corporate and business teams are well versed in negotiating pricing and other critical terms in software licenses and services agreements. With their collective experience and knowledge of the specific business needs, seeking internal or external counsel’s advice can seem like an unnecessary expenditure of time and resources. Many have the perception that seeking legal […]
July 5, 2022
Monthly recurring revenue and multi-year contracts have been the driving force behind managed services for years. They have been the basis for the tremendous growth in managed services over the years. The length of the term of a service agreement is very important as it specifies how long the customer is going to be committed […]
April 21, 2022
The risks for Managed Service Providers are constantly evolving. New cyber threats and regulatory compliance requirements present significant challenges for MSPs. The most important way to mitigate privacy and security risks for Managed Service Providers is by including proper risk balancing provisions into the MSP’s customer contracts. This article explains how limitations of liability, indemnity, […]
March 2, 2022
Risk Considerations for Managed Services This past week I had the opportunity to present on the topic of managing risk in managed services to the OTX Roundtable. I want the thank the OTX Roundtable and Mark Jennings in particular for inviting me to speak. What follows is Mark’s transcript of the meeting. ************* Rob Scott […]
January 17, 2022
One of the most overlooked sections in a technology-related contract is the insurance section. Whether that contract involves IT services, development, Software as a Service or Cloud Services, the insurance section is just as important as the other risk-allocating provisions contained in the contract. Yet, in most of the contracts in the industry, the original […]
October 8, 2021
Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud Services allow end users to access software and infrastructure remotely from any location and […]
August 18, 2021
Negotiating with software, SaaS and hosting vendors is a leverage game. Market leaders like Microsoft, Oracle, IBM, Adobe and SAP know this. Those vendors have structured their sales processes to maximize their ability to exert control over the negotiations framework and, thereby, to dictate the terms of their transactions. However, it is possible to push […]
June 16, 2021
More and more businesses are considering accessing hosted software rather than purchasing on-premise software. They are also placing data in third-party public or private clouds instead of selecting on-premise software. This article will explain the key considerations and contractual provisions when deciding to utilize a hosted software cloud solution versus on-premise software solutions. KEY CONSIDERATIONS […]
May 13, 2021
Often, after signing a Master Service Agreement (“MSA”), a service provider and its client will memorialize the details of the project by crafting a Statement of Work (“SOW”). The importance of the terms in a SOW is sometimes overlooked by both business and legal teams because an SOW is commonly considered a business document rather […]
April 15, 2021 One of your long-time customers is hit by a nasty cyberattack. After investigating, it turns out to have been caused by a bug in the antivirus software you sold to them. While you may think this fact means you aren’t liable, you may be wrong. Even though the software is the root of the problem, […]
January 24, 2020 Many businesses have software licenses that are tailored to the business’ needs, and are for business operations on a day-to-day basis. But what happens if the software provider goes out of business or discontinues support for the software? In short, the business may not have meaningful access to necessary software after it is no longer […]
September 1, 2016