6 martech contract gotchas to be aware of

2 years ago 104

Having worked astatine respective organizations and dealt with galore much vendors, I’ve seen my stock of client-vendor relationships and their associated “gotchas.” 

Contracts are analyzable for a reason. That’s wherefore martech practitioners are omniscient to thin connected lawyers and buyers during the procurement process. They typically announcement presumption that could undoubtedly drawback concern stakeholders disconnected guard.

Remember, each relationships end. It is important to look for thorny issues that tin wreak havoc connected aboriginal plans.

I’ve seen and heard of my stock of declaration gotchas. Here are immoderate generalizations to look retired for.

1. Data

So, you person a large information vendor. You usage them to bargain contacts and accusation arsenic good arsenic to enrich what information you’ve already got. 

When you determine to churn from the vendor, does your declaration let you to support and usage the information you’ve pulled into your CRM oregon different systems aft the narration ends? 

You had amended check.

2. Funds

There are galore reasons wherefore you would privation to springiness funds successful beforehand to a vendor. Perhaps it pays for hunt ads oregon allows your representatives to nonstop gifts to prospective and existent customers. 

When you alteration vendors, volition they instrumentality unused funds? That whitethorn not beryllium a large woody for tiny sums of money. 

Further, portion annoying, processing fees aren’t unheard of. But what happens erstwhile a batch of currency is near successful the system? 

You had amended marque definite that you tin get that back.

3. Service-level agreements (SLAs)

Your concern is important, and your projects are a large deal. Yet, that doesn’t needfully mean that you’ll get a punctual effect to a question oregon enactment erstwhile thing incorrect happens. 

That’s wherever SLAs travel in. 

It’s however your vendor tells you they volition respond to questions and issues. A higher terms constituent typically volition get a lawsuit a amended SLA that requires the vendor to respond and enactment much rapidly — and much of the clip to footwear (i.e., 24/7 work vs. modular concern hours). 

Make definite that an SLA meets your expectations. 

Further, retrieve that astir of the time, you get what you wage for. So, if you privation a amended SLA, you whitethorn person to wage for it.


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4. Poaching

Clients and vendors alike are ever looking for prime radical to employ. Sometimes they find them connected the different broadside of the client-vendor relationship. 

Are you OK with them poaching 1 of your squad members? 

If not, this should beryllium discussed and enactment into penning during the declaration dialog phase, a renewal, oregon astatine immoderate clip if it is that important.

 I person dealt with organizations that are against anti-poaching clauses to the constituent that a request to person 1 is simply a dealbreaker. Sometimes elder enactment oregon committee members are adamant astir an individual’s state to enactment wherever they delight — adjacent if 1 of their organization’s employees departs to enactment for a lawsuit oregon vendor. 

5. Freebies

It is not unheard of for vendors to connection their customers freebies. Perhaps they connection a smaller enactment point to assistance warrant a terms summation during a renewal. 

Maybe the institution is processing a caller merchandise and offers it successful its nascent/immature/young signifier to customers arsenic a woody sweetener oregon a mode to cod feedback and make champions for it. 

Will that freemium connection transportation implicit during the adjacent renewal? Your relationship enforcement oregon lawsuit occurrence manager whitethorn accidental it volition and adjacent spell that retired successful an email. 

Then, clip goes by. People connected some sides of the narration alteration oregon hide details. Company policies change. That said, the wording successful a declaration oregon maestro work statement won’t change. 

Make definite the presumption of freebies oregon different bully deals are enactment into legally dependable writing.

Read next: 24 questions to inquire ABM vendors earlier signing the contract

6. Pricing factors

There are galore ways vendors tin terms retired their offerings. For instance, a information broker could complaint by the interaction engaged by a customer. But what precisely does that mean? 

If a lawsuit buys a contact’s information, that makes consciousness arsenic counting arsenic 1 contact. 

What happens if the customer, aboriginal on, wants to enrich that interaction with updated information? Does that number arsenic a 2nd interaction recognition used? 

Reasonable minds could warrant the affirmative and antagonistic to this question. So, evaluating a pricing origin oregon however it is measured upfront is captious to find if that makes consciousness to your organization. 

Don’t fto declaration gotchas drawback you off-guard 

The supra are conscionable a fewer examples of martech declaration gotchas martech practitioners encounter. There is nary cosmopolitan mode to code them. Each enactment volition privation to code them differently. The cardinal is to ticker for them and enactment with your colleagues to find what’s champion successful that circumstantial situation. Just don’t get caught off-guard.


Opinions expressed successful this nonfiction are those of the impermanent writer and not needfully MarTech. Staff authors are listed here.


About The Author

Steve Petersen is simply a selling exertion manager astatine Zuora. He spent astir 8.5 years astatine Western Governors University, holding galore martech related roles with the past being selling exertion manager. Prior to WGU, helium worked arsenic a strategist astatine the Washington, DC integer store The Brick Factory, wherever helium worked intimately with commercialized associations, non-profits, large brands, and advocacy campaigns. Petersen holds a Master of Information Management from the University of Maryland and a Bachelor of Arts successful International Relations from Brigham Young University. He's besides a Certified ScrumMaster. Petersen lives successful the Salt Lake City, UT area. Petersen represents his ain views, not those of his existent oregon erstwhile employers.


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