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Operating Service Agreement

Operating Service Agreement Template for New Zealand

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Key Requirements PROMPT example:

Operating Service Agreement

"I need an Operating Service Agreement for providing managed IT services to a financial services company in Auckland, with strong emphasis on data security and business continuity requirements, planned to commence from March 2025."

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Document background
The Operating Service Agreement is a crucial document used when establishing a formal operational service relationship between organizations in New Zealand. It is particularly relevant when one party (the service provider) agrees to deliver ongoing operational services to another party (the customer) under specific terms, conditions, and performance standards. This agreement type is commonly used across various industries where regular, structured service delivery is required, from IT services to facilities management. The document addresses key aspects including service scope, performance metrics, pricing, risk allocation, and compliance with New Zealand legislation. It provides a comprehensive framework for managing the service relationship, ensuring clear understanding of obligations, and establishing mechanisms for performance monitoring and issue resolution.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including any relevant historical information

3. Definitions: Defines key terms used throughout the agreement

4. Service Scope: Detailed description of services to be provided, including service levels and standards

5. Term and Renewal: Duration of the agreement and provisions for extension or renewal

6. Payment Terms: Fees, payment schedule, invoicing requirements, and payment methods

7. Service Provider Obligations: Key responsibilities and commitments of the service provider

8. Customer Obligations: Key responsibilities and commitments of the customer

9. Performance Standards: Specific KPIs, service levels, and quality standards

10. Reporting and Review: Requirements for regular reporting and performance review processes

11. Intellectual Property: Ownership and usage rights of IP created or used in service delivery

12. Confidentiality: Protection and handling of confidential information

13. Liability and Indemnities: Allocation of risks and responsibilities between parties

14. Termination: Circumstances and process for ending the agreement

15. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution

Optional Sections

1. Change Management: Process for implementing changes to services or terms - include when services may evolve over time

2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

3. Privacy and Data Protection: Specific privacy obligations - include when personal data is processed

4. Security Requirements: IT and physical security measures - include for technology or sensitive services

5. Transition Services: Entry and exit transition requirements - include for complex service arrangements

6. Personnel Requirements: Specific staff qualifications or vetting - include when staff credentials are crucial

7. Insurance: Specific insurance requirements - include for high-risk services

8. Subcontracting: Rules around subcontracting services - include when subcontractors may be used

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed technical specifications of services to be provided

2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and measurement methods

3. Schedule 3 - Pricing and Fees: Detailed pricing structure, rates, and payment terms

4. Schedule 4 - Key Personnel: Details of key staff members and their roles

5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation

6. Appendix A - Report Templates: Standard formats for required reporting

7. Appendix B - Operating Procedures: Detailed operational processes and procedures

8. Appendix C - Contact Details: Key contacts and escalation paths for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Facilities Management

Business Process Outsourcing

Professional Services

Manufacturing

Healthcare

Telecommunications

Financial Services

Logistics

Property Management

Infrastructure Services

Utilities

Relevant Teams

Legal

Operations

Procurement

Commercial

Risk and Compliance

Finance

Business Development

Service Delivery

Account Management

Project Management

Relevant Roles

Chief Operating Officer

Operations Manager

Procurement Manager

Contract Manager

Legal Counsel

Commercial Manager

Service Delivery Manager

Account Manager

Risk Manager

Compliance Officer

Finance Director

Business Development Manager

Project Manager

Operations Director

General 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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