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Management Services Agreement
"I need a Management Services Agreement for my IT consulting firm to provide executive management and operational oversight services to a mid-sized manufacturing company in Auckland, with specific provisions for handling confidential information and intellectual property."
1. Parties: Identifies and provides full legal details of the service provider and the client
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Term and Commencement: Specifies the duration of the agreement and when it becomes effective
5. Services: Detailed description of the management services to be provided
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Key responsibilities and commitments of the client
8. Fees and Payment: Details of service fees, payment terms, and invoicing procedures
9. Performance Standards: Defines the expected quality and standards of service delivery
10. Intellectual Property: Addresses ownership and usage rights of intellectual property
11. Confidentiality: Obligations regarding confidential information handling
12. Liability and Indemnity: Defines limits of liability and indemnification obligations
13. Termination: Conditions and procedures for ending the agreement
14. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Key Personnel: Used when specific individuals are critical to service delivery, detailing their roles and replacement procedures
2. Service Levels: Include when specific performance metrics and KPIs need to be measured and maintained
3. Change Control: Required for complex services where scope changes need a formal process
4. Business Continuity: Important when services are critical to client operations
5. Data Protection: Required when personal data processing is involved
6. Non-Compete: Include when protecting against competitive activities is important
7. Insurance: Detailed insurance requirements for high-risk or high-value services
8. Transition Services: Important when complex handover procedures are needed at start or end of the agreement
1. Schedule 1 - Services Description: Detailed breakdown of all management services to be provided
2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and any rate cards
3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and measurement methods
4. Schedule 4 - Key Personnel: Details of key staff members and their roles
5. Schedule 5 - Client Dependencies: List of items, access, or information the client must provide
6. Schedule 6 - Governance and Reporting: Meeting schedules, reporting requirements, and escalation procedures
7. Appendix A - Form of Change Order: Template for documenting and approving changes to services
8. Appendix B - Security Requirements: Specific security protocols and requirements
Authors
Professional Services
Healthcare
Manufacturing
Retail
Technology
Financial Services
Education
Real Estate
Hospitality
Construction
Mining and Resources
Agriculture
Non-Profit Organizations
Transport and Logistics
Legal
Operations
Finance
Procurement
Human Resources
Risk and Compliance
Commercial
Business Development
Project Management
Administration
Facilities Management
Chief Executive Officer
Chief Operating Officer
Managing Director
Operations Manager
Business Development Manager
Contract Manager
Legal Counsel
Procurement Manager
Finance Director
Human Resources Director
Project Manager
Facilities Manager
Commercial Manager
Risk Manager
Compliance Officer
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