The Management And Administrative Services Agreement is a crucial document used when a company seeks to outsource or formally structure its management and administrative functions to a professional service provider in India. This agreement is particularly relevant in scenarios where organizations need specialized expertise, want to optimize operational efficiency, or require professional management services. The document, governed by Indian law including the Indian Contract Act 1872 and Companies Act 2013, comprehensively covers service scope, performance metrics, compliance requirements, and risk allocation. It's commonly used in corporate restructuring, business expansion, or when establishing shared services arrangements, and includes specific provisions for data protection, regulatory compliance, and service level commitments within the Indian business context.
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Key Requirements PROMPT example:
Management And Administrative Services Agreement
"I need a Management and Administrative Services Agreement for my IT consulting firm to provide technology management and administrative support services to a manufacturing company, including provisions for data security and cross-border service delivery, starting March 1, 2025."
1. Parties: Identification and details of the service provider and recipient company
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of management and administrative services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Responsibilities and commitments of the client company
8. Fees and Payment Terms: Service fees, payment schedule, expenses, and taxation matters
9. Performance Standards: Quality metrics, KPIs, and service level requirements
10. Confidentiality: Protection and handling of confidential information
11. Intellectual Property Rights: Ownership and usage rights of IP created during service provision
12. Data Protection and Privacy: Compliance with data protection laws and privacy requirements
13. Liability and Indemnification: Allocation of risks and indemnification obligations
14. Force Majeure: Provisions for handling events beyond parties' reasonable control
15. Dispute Resolution: Process for resolving disputes between parties
16. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Personnel and Staffing: Details about key personnel, staffing requirements, and replacement procedures. Include when specific personnel are crucial to service delivery
2. Training and Knowledge Transfer: Provisions for training client's staff and knowledge transfer. Include when service provider will be building client capabilities
3. Transition Services: Procedures for handover at the start and end of the agreement. Include when complex operational transition is required
4. Business Continuity and Disaster Recovery: Procedures for ensuring service continuity. Include for critical services or high-value agreements
5. Compliance with Anti-Corruption Laws: Specific anti-corruption compliance obligations. Include when dealing with government entities or high-risk sectors
6. Insurance: Specific insurance requirements. Include when services involve significant operational risks
7. Non-Competition: Restrictions on competitive activities. Include when service provider has access to sensitive business information
8. Environmental and Social Responsibility: ESG compliance requirements. Include when relevant to client's corporate policies or industry requirements
1. Schedule 1 - Scope of Services: Detailed breakdown of all management and administrative services to be provided
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, expenses, and payment terms
4. Schedule 4 - Key Personnel: List of key personnel with roles and responsibilities
5. Schedule 5 - Reporting Requirements: Format and frequency of required reports and updates
6. Schedule 6 - Client Facilities and Resources: Details of facilities and resources to be provided by the client
7. Appendix A - Service Request Procedure: Process for requesting and approving additional services
8. Appendix B - Escalation Matrix: Contact details and escalation procedures for issue resolution
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Business Process Outsourcing
Professional Services
Manufacturing
Healthcare
Financial Services
Real Estate
Retail
Education
Hospitality
Telecommunications
Consulting Services
Shared Services
Relevant Teams
Legal
Operations
Finance
Human Resources
Administration
Procurement
Compliance
Risk Management
Facilities Management
Contract Management
Project Management
Business Development
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Operations Director
Administrative Services Manager
Legal Counsel
Compliance Officer
Procurement Manager
Human Resources Director
Facility Manager
Contract Manager
Business Development Manager
Project Manager
Service Delivery Manager
Risk Management Officer
Company Secretary
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