This Managed Services Agreement template is designed for use in the Netherlands, complying with Dutch law and EU regulations. It serves as the primary contractual framework for organizations seeking to outsource significant operational functions or services to specialized service providers. The agreement is particularly relevant when establishing long-term service relationships that require detailed service levels, performance monitoring, and governance structures. It addresses critical aspects such as GDPR compliance, service delivery standards, risk allocation, and operational procedures, making it suitable for complex service arrangements across various industries. The document structure reflects Dutch legal requirements while incorporating international best practices in managed services contracting.
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1. Parties: Identification and details of the contracting parties (service provider and customer)
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Overview of services to be provided, with detailed specifications referenced in schedules
5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
6. Service Provider Obligations: Key obligations and responsibilities of the service provider
7. Customer Obligations: Key obligations and responsibilities of the customer
8. Service Levels: High-level service level requirements, with metrics detailed in schedules
9. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
10. Data Protection and Security: GDPR compliance, data processing terms, and security requirements
11. Intellectual Property Rights: Ownership and licensing of IP used or created in service delivery
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnification: Limitation of liability, indemnities, and risk allocation
14. Force Majeure: Provisions for handling events beyond parties' reasonable control
15. Governance: Contract management, escalation procedures, and reporting requirements
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Change Control: Procedures for managing changes to services or contract terms - recommended for complex or long-term agreements
2. Business Continuity: Disaster recovery and business continuity requirements - important for critical services
3. Staff and Key Personnel: Requirements for service provider personnel - relevant when specific expertise or continuity is crucial
4. Exit Management: Transition assistance and exit planning - important for complex services or where service continuity is critical
5. Insurance: Specific insurance requirements - recommended for high-risk services
6. Compliance with Laws: Detailed regulatory compliance obligations - important for regulated industries
7. Audit Rights: Customer audit provisions - important for regulated industries or critical services
8. Environmental Requirements: Environmental compliance and sustainability - relevant for services with environmental impact
9. Anti-Bribery and Corruption: Specific anti-corruption provisions - important for international services or public sector customers
10. Subcontracting: Rules for subcontracting services - important when subcontracting is likely
1. Service Description: Detailed description of all services to be provided
2. Service Levels and KPIs: Detailed service level agreements, metrics, and measurement methodology
3. Charges: Detailed pricing, rate cards, and payment calculations
4. Customer Dependencies: Detailed customer obligations and requirements for service delivery
5. Technical Requirements: Technical specifications and requirements for service delivery
6. Security Requirements: Detailed security policies and requirements
7. Data Processing Agreement: GDPR-compliant data processing terms and details
8. Business Continuity Plan: Detailed business continuity and disaster recovery procedures
9. Transition Plan: Service implementation and transition requirements
10. Exit Plan: Detailed exit management and transition out procedures
11. Governance Procedures: Detailed governance framework, meetings, and reporting requirements
12. Form of Change Order: Template for documenting and agreeing changes
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Professional Services
Healthcare
Financial Services
Manufacturing
Retail
Energy and Utilities
Transportation and Logistics
Education
Government and Public Sector
Media and Entertainment
Relevant Teams
Legal
Procurement
Information Technology
Operations
Finance
Risk and Compliance
Information Security
Project Management
Commercial
Service Delivery
Vendor Management
Business Development
Relevant Roles
Chief Information Officer
Chief Technology Officer
Procurement Manager
Legal Counsel
Commercial Director
Operations Director
IT Director
Service Delivery Manager
Contract Manager
Risk Manager
Compliance Officer
Information Security Officer
Project Manager
Vendor Manager
Business Development Manager
Finance Director
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