If a security incident occurs, is your MSSP liable for the damages? Not likely. What the industry is doing, however, is putting in place SLAs to compensate or give back some of the fees. Gartner compares this arrangement with the contract home buyers sign when they have a house inspection done. You read through all the contract and it says, at the bottom, even if we say there are no termites, if your house falls down the next day [because of termites], well give you back the $49 that you paid for the inspection.”]
Source: https://www.csoonline.com/article/2121764/mssp-liability–a-pipe-dream-.html