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How to Pursue and Win Service Contracts
Tactics for reviewing
and negotiating telecom
and other types of service contracts
The
tips you
will find here are designed
to show you how to pursue and win service
contracts, whether you
are a business owner, CFO, an accounts
payable manager,
or a consumer.
You
will find the
following in this article:
So what
the heck is a Service Provider
Contract?
Service
Provider
Contracts
are the contracts you sign with your telecommunications provider (or
other
service provider) for providing service for a specific length of time
(usually
12, 24 or 36 months) at certain rates. This
area of telecommunications is so complex
that there are even
conferences devoted to teaching companies how to negotiate better
contracts
with their providers. Companies will pay
thousands of dollars to attend these events because the information
they gain
yields so much long-term savings. You
don’t need to attend one of these events to understand how to
pursue and
win service contracts.
With
that said, it’s amazing
how many people don’t review their service provider contracts and terms
before
signing, let alone keep copies of them. TIP: Keep copies of all
your signed contracts!!! You may
be thinking to yourself right now
that you haven’t done this. Arm yourself
with the following knowledge, and you will learn how to pursue and win
service
contracts. Also try to get copies of any
signed contracts that you don’t already have.
Unless
you’ve been living on
Mars for the past few years, you know how competitive the
telecommunications
industry has become. Without going into
a bunch of dry history, suffice it to say that the Telecommunications
Act of
1996 affected consumers by really opening the doors to competition.
Because the
telecommunications industry is so
competitive, service providers will do everything they can to keep your
business as long as possible. This means
getting you to sign up for long-term contracts.
I need to mention
here that I don’t think service
provider contracts are
bad. In fact, a well-negotiated contract
can mean thousands of dollars in savings to you. The
key term here is well-negotiated.
Well-negotiated contracts are the key for you
to know how to pursue and win service contracts.
Keep in mind that
service
providers create their own contracts, which go through rigorous
inspection by
their army of legal and regulatory teams. Contracts are designed to protect
their interests, not yours. If you want to know how to pursue and
win
service contracts, you must thoroughly review your contracts.
Without
going through every
detail of every type of contract you might possibly encounter, we’ll
hit the
high points.
Termination
Liabilities
Most
contracts include termination liabilities, where you
are
obligated to pay a certain amount if you disconnect your service early. Read this section carefully, as it could cost
you hundreds or even thousands of dollars if there are no clauses to
protect
you (i.e. if you have to disconnect some services before the end of the
contract, or if you move). The worst
kind of termination liability clause you can have is paying out the
full
monthly charge for all your services times the number of months left in
your
contract.
To
illustrate this point,
let’s suppose you are a business owner who has signed a 36 month
agreement with
your local telephone service provider. 18
months into your contract, you have to move
out of state. Your monthly service bills
at $500 a month. You would be obligated to
pay out the
remaining 18 months of your contract, which means you would owe $9000.00 (18 X $500). Sound
extreme? These types of contracts are very
common. If you don't know how to pursue and win service
contracts, you
could end up wasting thousands of dollars.
Because
most service
providers offer a discount for signing long-term contracts, you should
expect
to pay something if you terminate your contract early, but it doesn’t
really
seem fair to have to pay the entire amount of each month left in your
contract. Especially since the service
provider can turn around and use those same facilities you disconnected
to make
revenue from someone else.
A key in
knowing how to pursue and win service contracts is to negotiate the
contract
on the front end. Once you have
signed
a contract, it is VERY difficult to change these terms.
That’s not to say that you CAN’T negotiate on
the backend, but ideally you should do this prior to signing any
contracts or
agreements.
If
you are switching to a
new provider, make sure there is a guarantee in case something goes
amiss. Many competitive providers will
guarantee
their service for 30, 60 or even 90 days in some cases where you can
disconnect
your service with no penalty.
Volume or
Pricing Commitments
One
way service providers
offer special discounted rates and services to customers are through
volume or
pricing commitments. The general idea is
that you get a better rate for service by agreeing to XX amount of
usage or $XX
dollars of service each month. If you
don’t meet the commitment levels, providers will usually make you pay
the
difference between what you actually used and what you committed to
using, or
include a “minimum” usage fee (a.k.a. penalty) on your bill.
Before
agreeing to any type
of volume or pricing commitments, you should understand your past and
anticipated future usage. This will help
you know how to pursue and win service contracts, and determine the
best
pricing levels and commitments for you or your business.
A price may look great on paper, but if you
end up paying penalties each month, it can add up quickly, and
sometimes cost
more than the special discounts you thought you would be getting.
Rate
Increases and Decreases
Understanding
the way
service providers manage ongoing increases and decreases will help you
know how
to pursue and win service contracts. Many service providers will
include
a stipulation in the contract allowing them to increase your rates from
time to
time, as they see fit. Obviously, if
laws are passed concerning certain tax or surcharge increases, there is
nothing
you can do to prevent these types of increases. You
should, however, try to get wording in the
contract to prevent
increases in the actual services themselves (also known as “tariffed”
services).
For example, let’s
say you
agree to pay $12 a month per line for your local dialtone service
(exclusive of
taxes). Halfway through your contract,
you don’t want to see the price jump from $12 to $15 per line. If you can’t get the provider to agree to
maintain the set prices throughout the life of the contract, the next
best
option is an “out” in case there is an increase. Usually
the provider will let you have 30 or
60 days to opt out of your contract (with no penalties) in case of
tariff
increases.
It’s
also in your
best
interest to include wording to allow your rates to be decreased if the
tariffed
rates are also decreased. Some service
providers automatically adjust rates for their customers if rates are
decreased, but some do not! It’s not in
their interest to lower your rates, since you already have a signed
contract
with them. You certainly don’t want to
be stuck in a contract that doesn’t allow you to lower your rates if
the
service provider offers lower rates after you have signed your contract.
Negotiate,
Negotiate, Negotiate!!!
You
hear time and again that
everything is negotiable. And so it is
true with your service provider contracts. Use
industry competition to your advantage to
know how to pursue and win
service contracts. Find out what the
competition is charging for the same type of service.
If you can find a better deal elsewhere, you
can usually negotiate with your current provider to get equivalent or
better
pricing. If they “can’t” or won’t give
you better pricing, find out if they can offer any other incentives,
such as a
couple of months of free service. In the
next section, we’ll be discussing promotions and discounts, which may
help
during negotiation.
Promotions
and Discounts
Once
again, this is where
competition plays to your advantage. It
has been my experience that many telecom sales reps either don’t know,
or don’t
want you to know, all the promotions and discounts that you may be
eligible
for. If you go to all the well-known
service provider websites, you will notice right away the latest
promotions and
offers to get you to buy their service. This
is just the tip of the iceberg. Most
companies, especially the larger,
incumbent companies, usually have
hundreds of promotions going on at a time. Since
most of these promotions are filed with
the state regulatory
agencies, they are often posted online, or at the very least, filed at
the office
of the state regulatory agency (many states call these agencies Public
Utility
Commissions).
Obviously, you
won’t have
time to go through the hundreds of filed documents, but at the very
least, you
should ASK what promotions are available to you, as this will help you
to know
how to pursue and win service contracts. If
the sales rep isn’t sure, have them find
out. You don’t want to sign a contract for
a 20%
discount on service, only to find out after the fact that you were
eligible for
a 40% discount.
The
“Evergreen Clause”
You
know how an evergreen
tree never loses its leaves, and stays green year after year? This part of the contract is designed to keep
you as a customer, year after year. If
you want to know how to pursue and win service contracts, keep track of
when
your renewal date approaches. Most
contracts list this section as the “Renewal.” Read
it carefully. There
is usually
verbiage included where if you don’t notify the provider within 30, 60,
or even
90 days prior to the end of your contract, it automatically renews.
It
is up to YOU to
know when
your contract is coming up for renewal and notify your provider. Most providers also require written
notification of your intent to terminate service. If
you’re not sure whether you’ll be staying
with your provider, make sure you start shopping around at least 6 months in
advance of your contract termination date. This
way you’ll have plenty of time to find
competitive pricing, and
negotiate the best deal for your business. This
should also provide ample time to notify
your provider that you
will be leaving. <>
<>Already
Stuck in a Lousy Contract?
At
this point, you may be
thinking that all of what I have said is fine and dandy, but you’re
already
stuck in a lousy contract. If you have 12
months or less on your contract, most service providers will let you
re-negotiate your contract. Use the
information I have provided in this article to research and find a
better deal
going forward. If you have more than 12
months in your contract, you still may be able to re-negotiate, it
never hurts
to ask!
Who has
time to do all this research
and negotiating?
Most
businesses don’t have the
time, resources or expertise to devote to knowing how to pursue and win
service
contracts. You may want to consider
hiring a consultant to help you determine the best solution for your
business. There’s a growing cottage
industry of companies who will work with you to determine the best
solution for
your business, and will also negotiate contracts with your service
providers. You can find anything from
small, independent consulting firms, to large telecom expense
management
companies, who can actually consolidate all your invoices each month. Some firms will even provide a free
consultation and analysis, in exchange for a percentage of the savings
they
find for you. This is truly a win-win
situation for the business and the consultant, as the business sees
more profit
to the bottom line, and is assured that their telecommunications
services are
optimized.
A
good consultant should try
and understand your business needs, and be able to find the best
possible
solution for your business. A consultant
should be objective, and should know how to pursue and win service
contracts on
your behalf.
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