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13.10.2015
Remember that all creative work is covered by copyright immediately upon production (as soon as it’s reduced to a tangible medium of expression, to be precise), and what you are trading with the client are exactly those rights. One of my firm's strengths is anticipating the needs of the client and helping them envision and plan for solutions, however it is the SOW that ensures the direction we prescribe does indeed support the client’s goals and that both parties have a similar understanding. Had we not maintained a close and transparent relationship with the client, the time spent working without a SOW could have been fruitless for both parties, and it would have become much more difficult to once again provide the support that would effectively further the client’s aims.
If you use a Master Service Agreement (MSA) separately attached to a SOW, make sure to specify which one prevails in case of contradictory clauses, because it happens more often than you think!


It may seem like an inconsequential item to both the client and consultant, but a recent event at my own client reminded me why having an executed SOW is so important. During a recent engagement, we worked past the end of our executed SOW with the belief that we were continuing to further the clients aims. Even with a close working relationship, defining the important components of a project in a SOW enables both the client and the consultant to be successful and to avoid any discontent arising from miscommunication.
The contract includes a clause for this called “Change Request”, which automatically triggers your standard hourly rate for that extra work not originally included in the SOW.


The client’s signature on the SOW is the final step of the business development process and signifies agreement and alignment between the consulting firm and the client.



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