This IT Master Services Agreement is designed for use in the Australian market where organizations require a robust framework for the procurement and delivery of information technology services. It serves as the primary contract governing the relationship between an IT service provider and its customer, establishing the overarching terms and conditions under which specific IT services will be provided. The agreement is particularly suitable for complex or long-term IT service arrangements where multiple services may be added over time through additional schedules or statements of work. It incorporates key requirements under Australian law, including privacy, data protection, consumer protection, and electronic transactions legislation. The agreement addresses critical aspects such as service levels, pricing mechanisms, intellectual property rights, data security, risk allocation, and governance frameworks, while providing flexibility to accommodate evolving technology services and business needs.
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1. Parties: Identifies the contracting parties and their legal details
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and interpretation rules for the agreement
4. Term and Renewal: Specifies initial term, renewal options and conditions
5. Services: Outlines the scope of services, service provider obligations and delivery requirements
6. Customer Obligations: Defines customer responsibilities and requirements for service delivery
7. Personnel: Requirements for service provider's personnel, including qualifications and security clearances
8. Charges and Payment: Payment terms, fee structure, invoicing and payment processes
9. Governance and Service Levels: Service level requirements, reporting, and governance framework
10. Intellectual Property Rights: Ownership and licensing of IP created or used in service delivery
11. Data Protection and Security: Data handling, privacy compliance and security requirements
12. Confidentiality: Protection and handling of confidential information
13. Liability and Indemnities: Risk allocation, liability caps and indemnification obligations
14. Termination: Termination rights, process and consequences
15. General: Standard boilerplate provisions including notices, governing law, and dispute resolution
1. Change Control: Formal process for managing changes to services or agreement terms - used for complex service arrangements
2. Business Continuity and Disaster Recovery: Requirements for service continuity and recovery - essential for critical services
3. Transition and Transformation: Process for initial service transition and transformation - used when complex implementation is required
4. Step-in Rights: Customer rights to step in and manage services - used for critical service arrangements
5. Benchmarking: Process for comparing services against market standards - used in long-term or high-value agreements
6. Parent Company Guarantee: Additional financial security - used when service provider's financial strength is a concern
7. Anti-bribery and Modern Slavery: Additional compliance obligations - used when required by customer policy or regulation
8. Hardware and Equipment: Provisions for supplied equipment - used when physical assets are part of the service
9. Open Source Software: Management of open source components - used when software development is included
10. Cloud Services: Specific provisions for cloud-based services - used when cloud services are part of scope
1. Service Description: Detailed description of each service to be provided
2. Service Levels and Service Credits: Detailed service level requirements and associated credit regime
3. Charges: Detailed pricing, charging model and rate cards
4. Customer Dependencies and Requirements: Detailed customer obligations and requirements
5. Security Requirements: Detailed security policies and requirements
6. Business Continuity Plan: Detailed continuity and disaster recovery procedures
7. Transition Plan: Detailed transition and implementation requirements
8. Governance and Reporting: Detailed governance framework and reporting requirements
9. Approved Subcontractors: List of approved subcontractors and applicable terms
10. Form of Change Order: Template for documenting and agreeing changes
11. Personal Data Processing: Details of personal data processing activities and requirements
12. Exit Plan: Detailed requirements and procedures for service termination and transition
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Government
Retail
Manufacturing
Education
Telecommunications
Professional Services
Mining and Resources
Energy and Utilities
Transport and Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Risk and Compliance
Information Security
Operations
Finance
Vendor Management
Commercial
Project Management Office
Technology Infrastructure
Digital Transformation
Enterprise Architecture
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Procurement Manager
Legal Counsel
Contract Manager
Information Security Manager
Technology Operations Manager
Project Manager
Vendor Management Lead
Risk Manager
Compliance Officer
Commercial Manager
Solutions Architect
Service Delivery Manager
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