The Managed Services Agreement is essential for businesses in New Zealand seeking to outsource operational functions or services to specialized providers on an ongoing basis. This agreement is particularly relevant when organizations require continuous, managed delivery of services such as IT support, facilities management, or business process outsourcing. It establishes comprehensive terms covering service delivery, performance standards, pricing, and risk allocation, while ensuring compliance with New Zealand legal requirements including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. The agreement is structured to provide clear accountability, measurable service levels, and protection for both parties' interests, making it suitable for medium to long-term service relationships where consistent quality and performance are crucial.
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1. Parties: Identifies and defines the service provider and customer, including their legal entity details
2. Background: Sets out the context of the agreement, including the customer's requirements and service provider's expertise
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Services: Outlines the core managed services to be provided, including scope and general service obligations
5. Term and Renewal: Specifies initial term, renewal options, and associated notice periods
6. Service Levels: Defines the required performance standards and measurement criteria
7. Charges and Payment: Details the fee structure, payment terms, and invoicing procedures
8. Customer Obligations: Specifies customer responsibilities and requirements for service delivery
9. Personnel: Outlines requirements for service provider staff, including key personnel provisions
10. Intellectual Property: Addresses ownership and licensing of IP used or created in service delivery
11. Confidentiality: Defines confidential information and obligations regarding its protection
12. Privacy and Data Protection: Sets out obligations for handling personal and business data
13. Liability and Insurance: Specifies liability limitations and required insurance coverage
14. Termination: Details termination rights, process, and consequences
15. Exit and Migration: Outlines obligations and process for service transition upon termination
16. General: Contains standard boilerplate provisions including governing law, notices, and dispute resolution
1. Change Control: Detailed process for managing changes to services or agreement - include for complex service arrangements
2. Disaster Recovery: Specific disaster recovery and business continuity obligations - include for critical services
3. Security Requirements: Detailed security obligations and standards - include for services involving sensitive data or systems
4. Audit Rights: Customer rights to audit service provider - include for regulated industries or critical services
5. Performance Reviews: Governance framework for service review - include for high-value or strategic relationships
6. Third Party Contracts: Management of third-party subcontractors - include when significant subcontracting is anticipated
7. Force Majeure: Rights and obligations during force majeure events - include for critical services or high-risk environments
1. Service Description: Detailed description of each service component and delivery requirements
2. Service Levels and KPIs: Detailed service level metrics, measurement methods, and remedies
3. Charges: Detailed pricing, rate cards, and charging mechanisms
4. Implementation Plan: Timeline and responsibilities for service transition and implementation
5. RACI Matrix: Detailed responsibility matrix for service delivery activities
6. Key Personnel: Details of key service provider personnel and roles
7. Security Requirements: Detailed security standards and compliance requirements
8. Business Continuity Plan: Disaster recovery and business continuity procedures
9. Exit Plan: Detailed requirements and procedures for service transition upon termination
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Professional Services
Facilities Management
Healthcare
Financial Services
Manufacturing
Energy and Utilities
Infrastructure
Education
Relevant Teams
Legal
Procurement
Information Technology
Operations
Finance
Risk and Compliance
Commercial
Service Delivery
Vendor Management
Project Management
Relevant Roles
Chief Information Officer
Chief Technology Officer
Procurement Manager
Contract Manager
Legal Counsel
Commercial Director
Operations Director
Service Delivery Manager
Account Executive
Risk Manager
Compliance Officer
IT Director
Facilities Manager
Chief Financial Officer
Project Manager
Vendor Manager
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