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Managed Services Contract

Managed Services Contract Template for South Africa

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Key Requirements PROMPT example:

Managed Services Contract

"I need a Managed Services Contract for IT infrastructure services starting March 2025, compliant with South African law, including specific provisions for data center operations and cybersecurity requirements for a financial services company."

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Document background
This Managed Services Contract template is designed for use in South Africa when organizations wish to outsource specific business functions or operations to specialized service providers. It is structured to comply with South African legal requirements, including the Protection of Personal Information Act (POPIA), Consumer Protection Act, and B-BBEE legislation. The document is particularly relevant in scenarios where ongoing service delivery, performance measurement, and operational integration are critical components of the business relationship. It includes comprehensive provisions for service delivery, governance, risk management, and regulatory compliance, making it suitable for both complex enterprise-wide services and focused functional outsourcing arrangements. The agreement is designed to protect both parties' interests while ensuring clear accountability and performance standards in the service relationship.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Term and Renewal: Duration of the agreement and renewal provisions

5. Services: Overview of services to be provided and service delivery obligations

6. Service Levels: Performance standards, KPIs, and measurement methodology

7. Charges and Payment: Pricing, payment terms, invoicing, and payment disputes

8. Customer Obligations: Customer's responsibilities and obligations to enable service delivery

9. Personnel: Requirements for service provider's personnel, including key personnel provisions

10. Intellectual Property Rights: Ownership and licensing of IP used or created during service delivery

11. Confidentiality: Protection and handling of confidential information

12. Data Protection: POPIA compliance and data handling requirements

13. Liability and Insurance: Limitation of liability and insurance requirements

14. Force Majeure: Provisions for handling events beyond parties' reasonable control

15. Termination: Termination rights, process, and consequences

16. Exit Management: Procedures for service transition upon contract end

17. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

Optional Sections

1. B-BBEE Compliance: Required when specific B-BBEE commitments are part of the agreement

2. Change Control: Include for complex services requiring formal change management processes

3. Business Continuity: Required for critical services needing disaster recovery provisions

4. Security Requirements: Include for services involving sensitive data or systems access

5. Audit Rights: Include when regular audit of services or compliance is required

6. Anti-Bribery and Corruption: Include for high-value contracts or public sector clients

7. Environmental Compliance: Include when services have environmental impact considerations

8. Subcontracting: Required when service provider may use subcontractors

Suggested Schedules

1. Service Description: Detailed description of all services to be provided

2. Service Levels and KPIs: Detailed service level specifications and measurement criteria

3. Charges: Detailed pricing structure, rates, and payment milestones

4. Standard Operating Procedures: Operational procedures and service delivery processes

5. Personnel: Key personnel details, roles, and responsibilities

6. Technical Requirements: Technical specifications and requirements for service delivery

7. RACI Matrix: Responsibility assignment matrix for service activities

8. Data Processing Agreement: Detailed data protection and processing requirements

9. Exit Plan: Detailed transition out procedures and requirements

10. Accepted Testing Procedures: Service acceptance testing criteria and procedures

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






























































Clauses
















































Relevant Industries

Information Technology

Telecommunications

Financial Services

Healthcare

Manufacturing

Retail

Mining

Professional Services

Energy and Utilities

Public Sector

Education

Logistics and Transportation

Relevant Teams

Legal

Procurement

Operations

Information Technology

Risk and Compliance

Finance

Service Delivery

Commercial

Vendor Management

Project Management

Business Operations

Relevant Roles

Chief Information Officer

Head of Legal

Procurement Manager

Operations Director

Service Delivery Manager

Commercial Director

Risk Manager

Compliance Officer

IT Director

Vendor Manager

Contract Manager

Chief Technology Officer

Chief Financial Officer

Business Unit Head

Project Manager

Legal Counsel

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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