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Managed Services Agreement for New Zealand

Managed Services Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the framework for the provision of managed services between a service provider and customer. The agreement details the scope of services, performance standards, pricing, and operational requirements while ensuring compliance with New Zealand legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It addresses key aspects such as service levels, risk allocation, data protection, intellectual property rights, and termination provisions, providing a robust framework for ongoing service delivery and management.

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What is a Managed Services Agreement?

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.

What sections should be included in a Managed Services Agreement?

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

What sections are optional to include in a Managed Services Agreement?

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

What schedules should be included in a Managed Services Agreement?

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

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
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

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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