This Managed Service Provider Agreement is designed for use when establishing a formal relationship between an IT service provider and a client organization in Canada. The agreement comprehensively covers the delivery of managed IT services, including system maintenance, technical support, cybersecurity, and other technology-related services. It incorporates requirements from Canadian federal and provincial legislation, particularly regarding data privacy (PIPEDA), consumer protection, and electronic commerce laws. The document is structured to protect both parties' interests while ensuring clear service expectations, performance metrics, and compliance requirements. This agreement is particularly relevant in today's digital business environment where organizations increasingly rely on external expertise for their IT infrastructure management.
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1. Parties: Identification of the MSP and the client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of technical terms, service-related concepts, and other important terms used throughout the agreement
4. Scope of Services: Comprehensive outline of IT services to be provided, including managed infrastructure, support, and maintenance
5. Service Levels: Detailed service level agreements (SLAs), response times, and performance metrics
6. MSP Obligations: Specific responsibilities and commitments of the service provider
7. Client Obligations: Client responsibilities, including access provision and cooperation requirements
8. Data Protection and Security: Requirements for data handling, privacy compliance, and security measures
9. Fees and Payment: Pricing structure, payment terms, and billing procedures
10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
11. Intellectual Property: Ownership and usage rights of software, systems, and data
12. Confidentiality: Protection of confidential information and trade secrets
13. Limitation of Liability: Liability caps and exclusions for both parties
14. Insurance: Required insurance coverage and minimum limits
15. Force Majeure: Provisions for unforeseeable circumstances and service interruptions
16. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, required if offering backup and recovery services
2. Hardware Procurement: Terms for hardware supply and management, included if the MSP provides hardware
3. Cloud Services: Specific provisions for cloud service delivery and management, needed if providing cloud solutions
4. On-Site Support: Terms for physical on-site support services, if included in service offering
5. Project Services: Framework for additional project work outside regular managed services
6. Staff Augmentation: Terms for providing temporary IT staff, if offering personnel services
7. Compliance Requirements: Industry-specific compliance obligations, included for regulated industries
8. Change Management: Procedures for implementing system changes, needed for complex environments
9. Training Services: Terms for user training and knowledge transfer, if offered
10. Third-Party Vendor Management: Terms for managing other IT vendors, if providing vendor management services
1. Schedule A - Service Description: Detailed description of each service offering and support level
2. Schedule B - Service Level Agreement: Specific performance metrics, response times, and remedies
3. Schedule C - Fee Schedule: Detailed pricing, payment terms, and rate cards
4. Schedule D - Supported Systems: List of supported hardware, software, and network components
5. Schedule E - Security Requirements: Detailed security protocols, procedures, and compliance requirements
6. Schedule F - Escalation Procedures: Support escalation process and contact information
7. Appendix 1 - Technical Requirements: Minimum technical specifications and requirements
8. Appendix 2 - Service Locations: List of locations where services will be provided
9. Appendix 3 - Authorized Personnel: List of key personnel and their roles from both parties
10. Appendix 4 - Exit Plan: Transition procedures for service termination
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