This Outsourcing Agreement template is designed for use in New Zealand business contexts where an organization wishes to engage an external service provider to perform specific functions or services. It is particularly relevant in situations requiring a formal contractual framework for managing ongoing service delivery relationships, whether for IT services, business processes, or operational functions. The agreement incorporates key provisions required under New Zealand law, including compliance with the Privacy Act 2020 and Contract and Commercial Law Act 2017, while addressing critical commercial aspects such as service levels, pricing, governance, and risk allocation. This document is essential for organizations looking to formalize their outsourcing arrangements while ensuring appropriate protections and clear operational parameters within the New Zealand legal framework.
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1. Parties: Identifies the contracting parties - service provider and customer
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Term and Renewal: Specifies initial term, renewal options and conditions
5. Services: Describes the scope of services, delivery obligations and service standards
6. Service Levels: Establishes performance metrics, measurement and reporting requirements
7. Customer Obligations: Specifies customer responsibilities and requirements
8. Charges and Payment: Details pricing, payment terms, invoicing and review mechanisms
9. Governance and Personnel: Establishes management structure, key personnel, and reporting requirements
10. Data Protection and Privacy: Addresses handling of personal and confidential information
11. Confidentiality: Defines confidential information and protection obligations
12. Warranties: Sets out representations and warranties from both parties
13. Liability and Insurance: Establishes liability limitations and insurance requirements
14. Force Majeure: Addresses unforeseeable circumstances preventing performance
15. Termination: Specifies termination rights, process and consequences
16. Exit and Migration: Details transition obligations upon termination
17. General Provisions: Includes standard boilerplate clauses
1. Change Control: Include when formal change management process is required for high-value or complex services
2. Personnel Transfer: Include when outsourcing involves transfer of employees
3. Intellectual Property Rights: Include when services involve creation or licensing of intellectual property
4. Business Continuity: Include for critical services requiring disaster recovery planning
5. Security Requirements: Include when services involve access to sensitive systems or information
6. Compliance with Laws: Include detailed section when operating in regulated industries
7. Anti-Bribery and Corruption: Include for international arrangements or high-risk jurisdictions
8. Parent Company Guarantee: Include when seeking additional financial security
9. Step-In Rights: Include for critical services where customer may need to take control
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Service Levels: Detailed service level requirements and measurement criteria
3. Schedule 3 - Charges: Detailed pricing, payment structure and calculations
4. Schedule 4 - Customer Dependencies: Detailed customer obligations and requirements
5. Schedule 5 - Governance: Detailed governance structure, roles and responsibilities
6. Schedule 6 - Key Personnel: Details of key personnel and their roles
7. Schedule 7 - Security Requirements: Detailed security policies and requirements
8. Schedule 8 - Exit Plan: Detailed transition out requirements and procedures
9. Appendix A - Form of Change Request: Template for requesting and documenting changes
10. Appendix B - Reports: Templates and requirements for regular reporting
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Business Process Outsourcing
Manufacturing
Financial Services
Healthcare
Telecommunications
Professional Services
Retail
Energy
Transport and Logistics
Education
Government and Public Sector
Relevant Teams
Legal
Procurement
Finance
Information Technology
Operations
Risk and Compliance
Vendor Management
Project Management
Commercial
Human Resources
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Chief Information Officer
Chief Technology Officer
Procurement Manager
Legal Counsel
Commercial Manager
Operations Manager
Vendor Management Officer
Risk Manager
Compliance Officer
Project Manager
Service Delivery Manager
Contract Manager
Finance Manager
IT Manager
Business Unit Head
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