This Managed Services Agreement template is designed for use in the Philippine business context where organizations seek to outsource specific operational functions or services to specialized providers. It is particularly relevant in scenarios where businesses require ongoing, managed delivery of services such as IT infrastructure, business processes, facilities management, or specialized operational support. The agreement incorporates requirements under Philippine legislation, including the Civil Code, Labor Code, Data Privacy Act, and relevant sector-specific regulations. It provides a comprehensive framework for service delivery, performance measurement, risk allocation, and relationship governance while ensuring compliance with local legal and regulatory requirements. This template is structured to accommodate various service types while maintaining consistency with Philippine business practices and legal standards.
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1. Parties: Identification of service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and high-level business objectives
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: Overview of services to be provided, with detailed services specified in Schedule
5. Term and Renewal: Duration of agreement and renewal provisions
6. Service Provider Obligations: Key obligations, standards of service, and compliance requirements
7. Customer Obligations: Customer responsibilities and cooperation requirements
8. Personnel: Requirements for service provider staff, key personnel provisions, and compliance with labor laws
9. Charges and Payment: Fees, payment terms, expenses, and invoicing procedures
10. Service Levels: Performance standards and service level requirements
11. Governance and Reporting: Contract management, meetings, and reporting requirements
12. Data Protection and Privacy: Compliance with Philippine Data Privacy Act and data handling requirements
13. Confidentiality: Protection of confidential information and trade secrets
14. Intellectual Property: Ownership and licensing of IP rights
15. Liability and Indemnities: Limitation of liability and indemnification provisions
16. Force Majeure: Events excusing performance and related procedures
17. Termination: Termination rights and procedures
18. Exit and Migration: Transition assistance and handover requirements
19. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Regulatory Compliance: Specific section for heavily regulated industries requiring detailed compliance provisions
2. Information Security: Detailed security requirements for technology-heavy services
3. Business Continuity: Disaster recovery and business continuity requirements for critical services
4. Non-Competition: Restrictions on competitive activities where relevant to service scope
5. Parent Company Guarantee: Required when seeking additional financial security from provider's parent
6. Change Control: Detailed change procedures for complex or long-term services
7. Audit Rights: Enhanced audit provisions for regulated industries or critical services
8. Insurance: Detailed insurance requirements for high-risk services
1. Schedule 1 - Services Description: Detailed description of all services to be provided
2. Schedule 2 - Service Levels: Detailed SLAs, KPIs, and measurement methodologies
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment terms
4. Schedule 4 - Customer Dependencies: Detailed customer obligations and requirements
5. Schedule 5 - Key Personnel: Details of key staff and roles
6. Schedule 6 - Governance: Detailed governance procedures and escalation matrix
7. Schedule 7 - Security Requirements: Information security and physical security requirements
8. Schedule 8 - Exit Plan: Detailed transition out procedures and requirements
9. Appendix A - Form of Change Order: Template for documenting changes to services or terms
10. Appendix B - Reports: Templates and requirements for regular reporting
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Business Process Outsourcing
Healthcare
Financial Services
Telecommunications
Manufacturing
Retail
Professional Services
Energy and Utilities
Education
Logistics and Supply Chain
Relevant Teams
Legal
Procurement
Operations
Information Technology
Finance
Risk and Compliance
Vendor Management
Commercial
Service Delivery
Internal Audit
Human Resources
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Chief Information Officer
Chief Technology Officer
Chief Financial Officer
Procurement Manager
Vendor Management Lead
Operations Director
Legal Counsel
Compliance Officer
Risk Manager
Service Delivery Manager
Contract Manager
Technology Director
Finance Director
Commercial Manager
Business Unit Head
Project Manager
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