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Master Service Agreement For Consulting Services
"I need a Master Service Agreement for Consulting Services for my IT consulting firm based in Auckland, providing cybersecurity and cloud migration services to financial institutions, with strict data protection requirements and the ability to engage multiple consultants per project."
1. Parties: Identification of the contracting parties - the service provider (consultant) and the client
2. Background: Context of the agreement, including the consultant's expertise and client's desire to engage their services
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Statement of Work', etc.
4. Appointment and Scope: General terms of the consultant's appointment and overview of service delivery framework
5. Service Delivery: Process for engaging services, acceptance criteria, and quality standards
6. Personnel: Requirements for consultant's personnel, including qualifications and replacement provisions
7. Fees and Payment: Payment terms, invoicing procedures, expenses, and late payment consequences
8. Intellectual Property: Ownership and licensing of pre-existing and created IP, including deliverables
9. Confidentiality: Protection and handling of confidential information from both parties
10. Privacy and Data Protection: Obligations regarding personal data handling and privacy law compliance
11. Liability and Indemnity: Limitation of liability, indemnification obligations, and insurance requirements
12. Term and Termination: Agreement duration, renewal provisions, and termination rights
13. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices
1. Non-Competition: Restrictions on competitive activities, used when consultant may have access to sensitive market information
2. Business Continuity: Requirements for disaster recovery and business continuity, important for critical service providers
3. Security Requirements: Specific security protocols and compliance requirements, necessary for handling sensitive data
4. International Services: Additional provisions for cross-border services, including tax and regulatory compliance
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
6. Change Control: Formal process for changing service scope or terms, useful for complex engagements
7. Audit Rights: Client's rights to audit consultant's processes and records, important for regulated industries
8. Anti-Bribery and Corruption: Compliance with anti-corruption laws, important for international or government-related work
1. Schedule 1 - Services Description: Detailed description of the types of services offered under the agreement
2. Schedule 2 - Fee Schedule: Standard rates, pricing structure, and payment terms
3. Schedule 3 - Service Levels: Performance standards, KPIs, and measurement criteria
4. Schedule 4 - Template Statement of Work: Standard format for individual project engagements
5. Schedule 5 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
6. Schedule 6 - Key Personnel: List of key consultant personnel assigned to the client
7. Schedule 7 - Security and Privacy Requirements: Detailed security protocols and privacy standards
8. Schedule 8 - Approved Subcontractors: List of pre-approved subcontractors and their scope of work
Authors
Professional Services
Information Technology
Management Consulting
Financial Services
Healthcare
Education
Government
Manufacturing
Retail
Telecommunications
Energy
Construction
Environmental Services
Non-Profit
Legal
Procurement
Commercial
Operations
Risk and Compliance
Finance
Business Development
Professional Services
Project Management
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Project Manager
Business Development Manager
Operations Director
Risk Manager
Compliance Officer
Managing Partner
Consulting Director
Head of Professional Services
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