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Management Services Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Management Services Agreement is essential for organizations seeking to outsource or formalize management functions in New Zealand. This document is typically used when a company requires external management expertise, operational support, or specialized administrative services. It outlines the relationship between a management services provider and their client, detailing specific services, performance expectations, and commercial terms. The agreement ensures compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant industry regulations. It's particularly valuable for businesses looking to improve operational efficiency, access specialized management expertise, or maintain professional management services across multiple locations or departments.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































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Relevant Industries

Professional Services

Healthcare

Manufacturing

Retail

Technology

Financial Services

Education

Real Estate

Hospitality

Construction

Mining and Resources

Agriculture

Non-Profit Organizations

Transport and Logistics

Relevant Teams

Legal

Operations

Finance

Procurement

Human Resources

Risk and Compliance

Commercial

Business Development

Project Management

Administration

Facilities Management

Relevant Roles

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

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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