The short answer
Buy artificial intelligence software when many people in the firm do a task that nobody outside it has to stand behind. Engage an agency when one outcome has to be delivered to a standard. The cost crossover between them is a headcount rather than a date: divide the monthly retainer by the per-seat monthly price. A UK services contract carries a statutory term of reasonable care and skill. A software licence disclaims one.
Key takeaways
- Seats are priced per person and retainers are priced per task, so the two lines cross at a headcount and not at a date.
- Divide the monthly retainer by the per-seat monthly price to find that headcount. On £750 against a £20 seat it is 37.5 people.
- Almost every firm this is written for sits well under that number, so on cost alone the licence usually wins. Cost is the smaller half of the question.
- Section 13 of the Supply of Goods and Services Act 1982 implies a term of reasonable care and skill into a business to business services contract. Published software licences disclaim implied warranties arising from statute.
- Both documents can be read before a penny is committed, and the one that matters is the clause naming who evaluates the output.
The most widely adopted artificial intelligence in UK businesses of ten or more people is a large language model, used by 18 per cent of them in June 2026, with visual content creation next at 16 per cent. Both are general-purpose tools. Neither knows anything about your practice or the standard your work is held to.
That is the honest starting point for a question partner groups now put to each other every quarter. A supplier quotes a monthly retainer to run a piece of marketing or client admin. A vendor quotes a per-seat licence for a tool that appears to do a version of the same thing for a tenth of the money. The pages published on this choice compare the two on speed and control, and every one of them is written by a party selling one of the options.
Two things settle it, and both can be checked this afternoon without asking either supplier a question. One is a division. The other is a clause.
The fork is accountability, not capability
Both options can produce the work. Only one of them owes you anything when the work is wrong. That is the distinction the published comparisons skip, because it is not a feature either side can advertise. Four questions route the decision, and they are worth answering in order rather than at once.
Does anyone outside the firm have to stand behind the result?
YesEngage a supplier
NoA licence will do
A licence supplies a tool that your own people operate. An engagement supplies a service, and the law attaches a standard of care to a service that it does not attach to a product.
Would more people need a seat than the retainer divided by the seat price?
YesThe retainer is cheaper
NoThe licence is cheaper
Seat pricing scales with the size of the practice. A retainer does not, so the arithmetic reverses at one number and that number is worked below.
Is the task stable enough to write down in a paragraph?
YesPrice decides it
NoKeep it with a person holding a tool
An unstable task bought as a retainer becomes an argument about change requests by month three. A tool absorbs that variation, because whoever steers it already knows the firm.
Will a named person inside the firm review the output every week?
YesProceed on the answers above
NoBuy neither yet
Both routes fail in the same way without that person, and both keep invoicing while they do it.
The cost crossover is a headcount, not a date
Per-seat software and a fixed retainer cross at one number, and that number is the headcount that would need a seat. Divide the monthly retainer by the per-seat monthly price and the answer falls out. A £750 retainer against a £20 seat crosses at 37.5 people. Below that the licence is cheaper and above it the retainer is. No amount of discussion moves the point at which they meet.
The figures below are illustrative. They hold the retainer at £750 a month and the seat at £20, and vary only the number of people who would need one. Substitute your own two numbers and only the crossover moves.
A practice of 8Seats needed
Software£1,920
Retainer£9,000
Licence, by 4.7 times
A practice of 24Seats needed
Software£5,760
Retainer£9,000
Licence, by £3,240
A practice of 40Seats needed
Software£9,600
Retainer£9,000
Retainer, by £600
Before the partner group commits to either
Describe the task and we will tell you which purchase it is.
Free to your firm. The agency pays us, and only if the relationship works, so recommending a licence you can buy without us costs us money and keeps our judgement worth having.
Get a recommendationThe two contracts do not promise the same thing
A services contract in the UK carries a statutory standard of care whether or not anybody negotiated for it. Section 13 of the Supply of Goods and Services Act 1982 provides that where a supplier acts in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill. It governs business to business work, which is why a retainer that quietly underdelivers is a contractual matter rather than a disappointment.
A software licence is drafted to reach the opposite result, and it says so on its face. Anthropic's published commercial terms state at D.3 that it is the customer's responsibility to evaluate whether outputs are appropriate for their use case, including where human review is appropriate, and that factual assertions in outputs should not be relied on without independently checking their accuracy. The warranty section disclaims implied warranties including any arising from statute. That is the ordinary shape of the industry rather than a criticism of one vendor, which is why the useful move is to open your own supplier's equivalent clause before signing.
One document buys capability the practice must supervise, the other an outcome somebody is answerable for. It is why a retainer has to name units rather than service categories and why two quotes for one brief can be eight times apart before either is divided into days.
What you are holding when either one stops
A licence that lapses takes the configuration with it. The seats switch off, and so do the saved prompts and whatever tuning the practice accumulated over two years, unless somebody exported it while the account was live. An engagement that ends should leave the firm holding the work product, but only where the contract assigns it. That clause deserves more attention than the notice period, which only decides when the invoices stop.
When you should buy neither yet
Two situations make the whole comparison unanswerable, and neither of them is a supplier's fault.
- Nobody has written the task down, so the firm ends up paying one supplier or the other to discover what the job was, which is the most expensive way to find out
- Nobody inside the firm has an hour a week to read the output. A tool nobody checks produces work nobody trusts, and an unattended retainer converts into whatever the supplier finds easiest to deliver by about month four
A page that talks a partner group out of hiring anyone costs us the fee, since we are paid by the agency and only when a relationship works. It is also the honest answer often enough to be worth writing down. What we assess before recommending anybody, including the cases where we decline to introduce anyone, is set out for accountancy practices, recruitment agencies, tax advisory and financial advice firms, and the arithmetic for the wider version of this question is in break-even on one additional client.
Frequently asked questions
What partner groups ask us about software against agencies.
Should a firm buy AI software or hire an agency?
Buy the software when a task is done by many people inside the firm and nobody outside it has to stand behind the result. Engage an agency when one outcome has to be delivered to a standard somebody is answerable for. A firm that needs the second will not get it from a licence at any price.
At what point does an agency retainer beat per-seat software on cost?
At a headcount rather than at a date. Divide the monthly retainer by the per-seat monthly price. A £750 retainer against a £20 seat crosses at 37.5 people, so a 24 person practice pays £5,760 a year for seats against £9,000 for the retainer.
Does a software licence carry the same responsibility as an agency contract?
No, and the difference is written into both documents. Section 13 of the Supply of Goods and Services Act 1982 implies into a business to business services contract in the UK a term that the supplier will carry out the service with reasonable care and skill. Published artificial intelligence licences disclaim implied warranties arising from statute and put the duty to evaluate output on the customer.
What happens to the work when a licence or a retainer ends?
A licence ends and access ends with it, along with the configuration and the saved prompts unless somebody exported them first. An engagement should leave the firm holding the work product, but only where the contract assigns it, which is why that clause matters more than the notice period.
When is the right answer to buy neither yet?
When no named person inside the firm has time to review what comes out every week, because both routes fail the same way without that person and both keep invoicing. The other case is a task nobody has written down, since an undefined task cannot be scoped into a retainer or configured into a tool.
Sources and useful reading
- Office for National Statistics, artificial intelligence in United Kingdom businesses, 2023 to 2026, for adoption by technology type among businesses with ten or more employees in June 2026.
- Supply of Goods and Services Act 1982, section 13, for the implied term of reasonable care and skill in a business to business contract for the supply of a service.
- Anthropic commercial terms of service, sections D.3 and L.2, quoted as one published example of how artificial intelligence licences allocate responsibility for output.
This article is commercial decision support, not legal advice. The retainer and seat prices are illustrative and carry no market data. Licence terms differ between vendors and change over time, so read the version your own supplier is asking you to sign.