An MSA sets the overarching terms governing ongoing services between parties, providing a foundation for future statements of work or projects. This playbook breaks down best practices for managing risk, defining scope, and balancing flexibility with legal protection.
Why This Matters: Well-defined payment terms minimize financial risk and disputes over amounts due or delays in payment.
Negotiation strategy
If you're the Company:
Negotiate for longer payment terms to optimize cash flow. Ensure penalties for late payments are reasonable and enforceable.
If you're the Contractor:
Aim for shorter payment terms to maintain steady cash flow. Include strict penalties for late payments to deter delays.
Essential elements
1
Payment Schedule
Defines timing of payments.
2
Invoicing Terms
Details invoice issuance process.
3
Late Payment Penalties
Outlines fees for overdue payments.
Action framework
ACCEPT
Propose edits if payment terms do not align with industry standards or internal policies.
EDIT
Reject if terms impose unreasonable financial risk or lack clarity.
ADD
Add specific terms for high-risk counterparties or unique project requirements.
PRO TIP
Always verify the counterparty's financial stability before finalizing payment terms.
Example clauses
FAVORABLE
Preferred Payment Terms
"Payment is due within 30 days of invoice date. A late fee of 1.5% per month will be applied to overdue amounts."
NEUTRAL
Standard Payment Terms
"Payment is due within 45 days of invoice date. A late fee of 1% per month will be applied to overdue amounts."
UNFAVORABLE
Lenient Payment Terms
"Payment is due within 60 days of invoice date with no late fee applied."
Fallbacks
High-Risk Counterparty
For counterparties with a history of late payments, require advance payments or a letter of credit to mitigate risk.
International Transactions
Consider currency fluctuations and international banking delays when setting payment terms.
Large-Scale Projects
Implement milestone-based payments to align with project progress and reduce financial exposure.
FEATURED SOLUTIONS
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WEEK 1
CLM Readiness and Design
Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
Install Module
We connect DocJuris to your contract repositories, set up admin and user accounts, and ensure your environment is ready for success.
WEEK 3
Deliver & Test
Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
Launch
We support you in rolling out DocJuris to a pilot group or your full organization—with launch materials, training, and hands-on support to drive adoption from day one.
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.