Modern businesses rely heavily on managed service providers (MSPs) for competitiveness and efficiency. If you’re in the industry, you’d already be aware of the many unique legal challenges and considerations that come with the territory.
The world of information technology is constantly evolving, and with it, emerging risks, shifting legislation, and changing priorities for businesses. It impacts everything from service agreements to employment law, intellectual property, and cybersecurity obligations. And the repercussions for a misstep can be costly.
That’s why, no matter the size and scale of your MSP business, it’s always worth seeking the advice of experts who know the landscape and can identify setbacks before they happen. Our lawyers understand the needs of modern IT service providers and tech professionals, and can make it easy for you to conduct business confidently and compliantly. With specialist expertise in technology law, cybersecurity, customer law and more, we’re here to guide your business forward.
Service agreements function as a contract between two parties, and as an MSP you’ll be using them often. Having the right agreement in place is crucial to protect the interests of your business, clients, and subcontractors. With increased access and a long list of cybersecurity considerations, IT service providers need the right lawyer to ensure their service agreements are legally sound and exhaustive.
Drafting a comprehensive service agreement requires a deep understanding of technology law and the nuances of areas like intellectual property rights, data ownership, and confidentiality clauses. Our team of lawyers help tech professionals of every level, with agreements that meet the objectives of you and your clients. By thoroughly outlining the scope of services, service levels, responsibilities, and liabilities, we ensure that any potential disputes are mitigated – and expectations are clear as day.
Beyond simply outlining the details of a working relationship, employment contracts must comply with all Australian workplace laws. As you’d expect, this necessitates meticulous attention to detail – and increasingly, new industrial relations (IR) laws are adding to the complexity. Recent updates to the legislation include further differentiation between casual and permanent employees, equal pay for specific roles, and ‘right to disconnect’ laws. Then there are the standard factors that need to be considered in tech professional employee contracts, like remote working arrangements and subcontractor collaboration.
The reality is that even seemingly simple errors can have significant penalties. A common mistake is misclassifying team members on the payroll (for example, an independent contractor as an employee), which can infringe on their working rights and obligations. With provisions around remuneration, termination, and disputes to navigate, we’ll help you make sure your contracts and payroll practices are all compliant with relevant legislation. This includes the Fair Work Act and the Independent Contractors Act.
With cyber threats and breaches a real concern, IT service providers and tech professionals are under ever-increasing scrutiny for the way they handle data and personal information. This is where an understanding of the customer law landscape is paramount. Our legal team specialises in advising MSPs on consumer protection legislation, ensuring transparency, fairness, and accountability in every engagement.
Whether it pertains to the provision of warranties, dispute resolution, or compliance with the Australian Consumer Law, we empower your MSP to uphold the highest standards of customer service. At the same time, mitigating legal risk in the way that works for your operation.
Ready to see what the Quest Legal lawyers can do for IT services providers and tech professionals? Get in touch with our friendly team today.