Managed Network Services Agreement

Managed Network Services Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Managed Network Services Agreement for my fintech company to engage a service provider who will manage our cloud infrastructure and maintain strict security protocols, with service commencement planned for March 2025."

Document background

The Managed Network Services Agreement is designed for organizations seeking to outsource their network infrastructure management to specialized service providers under English and Welsh law. This contract type is particularly relevant in today's digital business environment, where reliable network infrastructure is critical for operations. The agreement provides a comprehensive framework for service delivery, including detailed specifications for network management, maintenance, security protocols, and performance standards. It addresses key aspects such as data protection, service levels, incident response, and regulatory compliance, while establishing clear responsibilities and obligations for both parties.

Suggested Sections

1. Parties: Details of the service provider and customer, including registered addresses and company numbers

2. Background: Context of the agreement and high-level description of services to be provided

3. Definitions: Defined terms used throughout the agreement

4. Services: Detailed description of managed network services to be provided

5. Service Levels: Performance standards, metrics, and measurement methodology

6. Charges and Payment: Pricing, payment terms, and invoicing arrangements

7. Customer Obligations: Customer responsibilities and requirements

8. Provider Obligations: Provider responsibilities and commitments

9. Data Protection: GDPR compliance and data handling requirements

10. Confidentiality: Protection of confidential information

11. Term and Termination: Duration and termination provisions

12. Liability and Indemnities: Limitation of liability and indemnification clauses

Optional Sections

1. Change Control: Process for managing changes to services - recommended for complex or long-term agreements

2. Transition Services: Process for service implementation and migration - used when taking over from incumbent provider

3. Exit Management: Provisions for service termination and transition out - recommended for business-critical services

4. Business Continuity: Disaster recovery and business continuity requirements - essential for critical infrastructure services

5. Staff and Key Personnel: Requirements for service delivery team - used when specific expertise or personnel are crucial

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications of services

2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics and measurement criteria

3. Schedule 3 - Charges: Detailed pricing structure and rate cards

4. Schedule 4 - Data Processing Agreement: Detailed data protection obligations and procedures

5. Schedule 5 - Network Architecture: Technical diagrams and network specifications

6. Schedule 6 - Security Requirements: Detailed security protocols and standards

7. Schedule 7 - Escalation Procedures: Service issue escalation process and contact details

8. Schedule 8 - Change Control Procedure: Detailed process for managing service changes

9. Schedule 9 - Exit Plan: Detailed provisions for service termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Financial Services
Healthcare
Retail
Manufacturing
Professional Services

Relevant Teams

Information Technology
Legal
Procurement
Information Security
Finance
Operations

Relevant Roles

Chief Information Officer
IT Director
Network Manager
Procurement Manager
Information Security Manager

Industries

UK GDPR and Data Protection Act 2018: Legislation governing the processing, storage, and transfer of personal data, requiring specific contractual provisions for data protection, processor obligations, and cross-border data transfers

Privacy and Electronic Communications Regulations (PECR) 2003: Regulations governing electronic communications, cookies, and direct marketing, which must be considered for network services involving electronic communications

Communications Act 2003: Primary legislation governing telecommunications services in the UK, including regulatory framework and service provider obligations

Telecommunications (Security) Act 2021: Recent legislation strengthening security requirements for telecommunications providers and network services

Electronic Communications Code: Framework of rights and obligations for electronic communications network operators, particularly relevant for infrastructure aspects

Network and Information Systems Regulations 2018: Regulations setting out cybersecurity requirements for essential services and digital service providers

Computer Misuse Act 1990: Legislation criminalizing unauthorized access to computer systems, relevant for security provisions and incident response

Electronic Commerce (EC Directive) Regulations 2002: Regulations governing electronic commerce and services, including requirements for service providers

Competition Act 1998: Legislation ensuring fair competition, relevant for exclusivity clauses and service provider relationships

TUPE Regulations 2006: Regulations protecting employees' rights during service transfers, relevant if staff transfer is part of the managed service arrangement

Contracts (Rights of Third Parties) Act 1999: Legislation governing third-party rights in contracts, important for subcontracting and service delivery chain

Consumer Rights Act 2015: Legislation protecting consumer rights, applicable if services are provided to consumers rather than businesses

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly relevant for limitation of liability and indemnity provisions

Financial Services and Markets Act 2000: Regulatory framework for financial services, relevant if network services are provided to financial institutions or involve financial data

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Authors

Alex Denne

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