
As an MSP, do you want to invite the fox into the henhouse?
February 4, 2025
The short answer to this question is yes, for any number of very good reasons.
Both sides of any MSP-customer relationship have their parts to play in any meaningful engagement. As I said before, the starting point is the contract, which represents the framework for success. But we see breaches of contract taking place too often, and, in what might be a surprise, it happens inbothdirections, from MSP to customer,and customer to MSP. In our experience, many contracts (I’d estimate as many as 80%) that we have seen or have audited have either been poorly negotiated by the end user client or no longer deliver what was originally agreed on.
Focus on the needs of the business, not the needs of the contract
The most obvious, simplistic example is monthly reporting. After an initial flurry of reporting, the customer says that they are no longer needed. When the MSP complies with this request, the MSP relinquishes control of the contract to the customer, and is instantly in breach of that contract.
These breaches can be different in their detail and in their scope, but when customers focus on the wrong thing for the wrong reasons when negotiating the contract, things can go badly wrong. An example is to focus on penalty clauses, something that became a priority five or six years ago, and which is still prevalent today. Commonly, these are linked to an explicit system and infrastructure up-time and availability target. If the MSP misses that target, the customer invokes the clause, earns service credits, and the relationship continues. An unforeseen consequence of this approach is that the MSP loads the penalties into its fees in the knowledge that it will miss the up-time target most months, and to meet them would in any case require additional resources. If the customer misses this when negotiating the contract, the customer pays for the incompetence of the MSP, which is never motivated to improve either its performance for the customer, or its internal expertise, because it’s successfully negotiated that the customer pays for the under-performance.
For the customer in this example, its entire infrastructure is compromised, as is its ability to grow its business, all because it focused on negotiating around the wrong measurement.
Things are even more complicated today with the focus on cloud services. Subscription services can be complex and misleading. Too often, the customer makes the assumption that updates are inevitable and covered by the contract, only to find the partner vendor has a major upgrade on the way that is outside the scope of the contract, which only covers minor upgrades. In the face of a major fee through the MSP to the vendor partner, the contract ROI goes through the floor. In many cases, the cost of maintaining the subscription directly with the vendor can be less than the reality with the MSP, and the MSP has never had to build resources to cover this scenario.
To change, start at the top
On the customer side, there is an awful lot of opportunity for customers to better manage their contractual engagements with their suppliers and get greater value. Where should these conversations start? With the CEO and CFO, if possible. Many managers within organisations are wary of CEO scrutiny. Managers have made decisions that they need to justify. Senior managers are operating within their own performance criteria, so they may feel comfortable at the decisions they have made, but if these performance criteria have become disconnected (for example, negotiating best price rather than best value to the business, or negotiating penalty rates than that ensuring there are wateright relationships with vendors) only the CEO or CFO will be able to call this out.
In all this, internally inside the customer, and with the MSP, an “us-and-them” mindset, of the fox being kept outside the henhouse, has to change. Both parties, MSP and customer, must have a clear understanding of the criticality of the business requirement, and be clear about the importance within the business of a service. If the customer doesn't communicate this, and the MSP doesn't seek to understand the relevance of whatever it is they are managing within a customer environment, both parties can write and sign a contract that is just not fit for purpose.
It really is often the best outcome for the fox and the hens to work together in the henhouse, to focus on detail, and to consider and be clear about what is of value.


