Outsourcing, Integration and Other Services

There is always a fundamental tension in services agreements, irrespective of whether the provider is off-shore. On one hand, the customer has decided that the service is not sufficiently part of its core competence to be performed in-house. On the other hand, the service might very well be important and the customer is reluctant to give up control of the process. Moreover, once the die is cast and an important service is being performed by a vendor, termination of a services contract (unlike most other contracts) could end up hurting the customer quite as much as it hurts the vendor. Responsibility needs to track authority in service agreements. Problems need to be anticipated in the contract and a method of resolving those conflicts short of an abrupt and mutually harmful termination should be built into the agreement. The mark of a good services agreement is not who gets more at the negotiating table; it is how well the contract serves the parties over the life of the deal.

Representative transactions:

  • Automated clearing house (ACH) processing
  • Aggregation
  • Application services (ASP)
  • Asset management
  • Bank check processing
  • Business process outsourcing (BPO)
  • Consulting
  • Custody management
  • Digital archiving
  • Documentary film direction/production
  • Embedded flash player engineering services
  • Facilities management
  • Hosting
  • IT outsourcing
  • Managed services
  • Media auditing
  • Payroll processing
  • Repair service
  • Software development
  • Software integration
  • Stock transaction processing
  • Streaming video
  • Telecommunications
  • Text messaging
  • Transportation construction
  • Trust management
  • Web design

 

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