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Managed Services Agreement Template for Australia

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Key Requirements PROMPT example:

Managed Services Agreement

"I need a Managed Services Agreement for IT infrastructure support services, including 24/7 helpdesk and cloud hosting, to be provided to our Melbourne-based financial services company, with service levels for critical systems and specific data protection requirements for handling customer financial information."

Document background
The Managed Services Agreement is designed for use in commercial arrangements where one organization (the service provider) agrees to deliver ongoing operational services to another organization (the customer). This agreement is particularly crucial in the Australian business context, where it must comply with federal and state regulations while protecting both parties' interests. The document typically covers all aspects of service delivery, from initial transition to eventual termination, including detailed service descriptions, performance metrics, pricing mechanisms, and governance frameworks. It's especially relevant for technology services, business process outsourcing, and other operational support services where consistent, measureable service delivery is essential.
Suggested Sections

1. Parties: Identifies and provides details of the contracting parties (service provider and customer)

2. Background: Sets out the context and purpose of the agreement, including the customer's requirements and provider's capabilities

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Term and Renewal: Specifies initial term, renewal options and conditions for extension

5. Services: Outlines the core services to be provided, including scope, standards and service levels

6. Service Provider Obligations: Details the provider's key responsibilities, warranties and service delivery commitments

7. Customer Obligations: Specifies customer responsibilities, including access, information and cooperation requirements

8. Personnel: Addresses key personnel, qualifications, security requirements and personnel changes

9. Charges and Payment: Details fees, payment terms, invoicing procedures and pricing adjustments

10. Governance and Reporting: Establishes management structure, reporting requirements and review processes

11. Intellectual Property: Addresses ownership and licensing of pre-existing and created IP

12. Confidentiality: Protects confidential information of both parties

13. Data Protection and Privacy: Ensures compliance with privacy laws and establishes data handling requirements

14. Liability and Insurance: Sets liability limits, indemnities and insurance requirements

15. Termination: Details termination rights, processes and consequences

16. Exit and Transition: Manages service transition upon termination

17. Force Majeure: Addresses unforeseen events affecting service delivery

18. General Provisions: Includes standard boilerplate clauses like notices, assignment, and governing law

Optional Sections

1. Change Management: Required for complex services where formal change control procedures are needed

2. Business Continuity and Disaster Recovery: Essential for critical services requiring specific recovery commitments

3. Security Requirements: Needed when services involve sensitive systems or data

4. Compliance and Audit Rights: Important for regulated industries or when compliance certification is required

5. Service Credits: Used when financial consequences for service level failures are required

6. Third Party Contracts: Needed when service provider uses significant subcontractors

7. Equipment and Assets: Required when physical assets or equipment are provided as part of the services

8. Environmental Requirements: Important for services with environmental impact or sustainability requirements

9. Innovation and Continuous Improvement: Useful for long-term strategic relationships

Suggested Schedules

1. Service Description: Detailed description of each service component and delivery requirements

2. Service Levels and KPIs: Specific performance metrics, measurement methods and reporting requirements

3. Pricing and Charging Model: Detailed pricing structure, rates, and charging mechanisms

4. Customer Dependencies: Detailed list of customer-provided items, facilities and services

5. Governance Procedures: Detailed procedures for service management, escalation and reporting

6. Security Policies: Specific security requirements and procedures

7. Business Continuity Plan: Detailed recovery procedures and timelines

8. Transition Plan: Detailed implementation and service transition requirements

9. Exit Plan: Detailed procedures for service termination and transition

10. Approved Subcontractors: List of approved third-party providers and their roles

11. Form of Service Change Request: Template for requesting and documenting service changes

12. Personnel Requirements: Specific qualifications, certifications and security clearances required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























































Clauses









































Relevant Industries

Information Technology

Telecommunications

Healthcare

Financial Services

Professional Services

Manufacturing

Energy and Utilities

Education

Government and Public Sector

Retail

Transportation and Logistics

Mining and Resources

Relevant Teams

Legal

Procurement

Information Technology

Operations

Finance

Risk and Compliance

Commercial

Sales

Service Delivery

Account Management

Security

Technical Operations

Business Analysis

Project Management

Vendor Management

Relevant Roles

Chief Information Officer

Chief Technology Officer

Head of Procurement

Commercial Director

Legal Counsel

Contract Manager

Service Delivery Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

IT Director

Procurement Manager

Vendor Manager

Project Manager

Business Analyst

Solutions Architect

Account Manager

Sales Director

Chief Operating Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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