Gartner Research

Mitigate Risk When Subscribing to Microsoft Office 365 by Negotiating Key Contract Terms and Conditions

Published: 17 March 2014

ID: G00260103

Analyst(s): Frances O'Brien


When contracting for Microsoft's Office 365 in a multitenant offering, Microsoft is still reluctant to negotiate many contract terms and conditions. IT procurement professionals should create a negotiation checklist of critical terms and conditions and determine those that are "deal breakers."

Table Of Contents
  • Key Challenges



  • Develop a Negotiation Checklist of Contractual Protections Required to Mitigate Risk
  • Print Out Any URL Hyperlinks Containing Contract Terms and Conditions and Service Plan Descriptions to Protect Use Rights
  • Negotiate Improved SLA Credits and the Ability to Terminate
  • Lock in Maximum Pricing on Renewals to Avoid Unexpected Costs
  • Negotiate for Price Protection If the Cost of the Service Declines to Avoid Overpaying
  • Understand Where Your Data Is Being Stored and Processed
  • Data Privacy and Security Clauses Still Cause Concern
  • Suspension of Service for Regulatory Reasons Is Still an Issue
  • Negotiate Termination and Data Extraction Clauses
  • Increase Liability Protection
  • Determine the Value of the Services

Gartner Recommended Reading

©2021 Gartner, Inc. and/or its affiliates. All rights reserved. Gartner is a registered trademark of Gartner, Inc. and its affiliates. This publication may not be reproduced or distributed in any form without Gartner’s prior written permission. It consists of the opinions of Gartner’s research organization, which should not be construed as statements of fact. While the information contained in this publication has been obtained from sources believed to be reliable, Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartner research may address legal and financial issues, Gartner does not provide legal or investment advice and its research should not be construed or used as such. Your access and use of this publication are governed by Gartner’s Usage Policy. Gartner prides itself on its reputation for independence and objectivity. Its research is produced independently by its research organization without input or influence from any third party. For further information, see Guiding Principles on Independence and Objectivity.

Already have a Gartner Account?

Purchase this Document

To purchase this document, you will need to register or sign in above

Become a client

Learn how to access this content as a Gartner client.