This Master Service Agreement template is designed for use in New Zealand business contexts where parties intend to establish a long-term service delivery relationship. It provides a comprehensive framework for managing service delivery, risk allocation, and commercial terms, while allowing flexibility through subsequent statements of work. The agreement incorporates requirements specific to New Zealand law and commercial practice, including provisions addressing GST, privacy obligations under the Privacy Act 2020, and fair trading requirements. This type of agreement is particularly valuable for ongoing service relationships where multiple service engagements are anticipated, as it streamlines contracting processes and ensures consistency in fundamental terms while allowing for service-specific variations through individual statements of work.
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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 the general nature of services to be provided
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Term and Renewal: Specifies the initial term of the agreement and any renewal mechanisms
5. Services Framework: Establishes the framework for service delivery and mechanism for adding specific services through Statements of Work
6. Payment Terms: Details pricing structure, invoicing procedures, payment terms, and handling of expenses
7. Performance Standards: Sets out service levels, quality standards, and performance measurement criteria
8. Governance and Reporting: Establishes oversight mechanisms, reporting requirements, and meeting cadence
9. Intellectual Property Rights: Addresses ownership and licensing of pre-existing and newly created IP
10. Confidentiality: Defines confidential information and establishes protection obligations
11. Data Protection and Privacy: Sets out obligations regarding personal data handling and privacy compliance
12. Liability and Indemnification: Specifies liability limitations and indemnification obligations
13. Termination: Details termination rights, processes, and consequences
14. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law
1. Insurance: Required when services involve significant risks or regulatory requirements mandate specific insurance coverage
2. Business Continuity: Important for critical services or when regulatory compliance requires disaster recovery planning
3. Security Requirements: Necessary when services involve IT systems, data handling, or physical security considerations
4. Personnel Requirements: Include when specific qualifications, clearances, or personnel commitments are crucial
5. Audit Rights: Important when regulatory compliance or service verification needs require audit provisions
6. Export Control: Required when services involve international data transfers or technology exports
7. Anti-Bribery and Corruption: Important for international services or when dealing with government entities
8. Environmental Compliance: Relevant when services have environmental impacts or sustainability requirements
1. Schedule 1: Service Descriptions: Detailed description of base services included in the MSA
2. Schedule 2: Pricing and Rate Card: Standard rates, pricing models, and payment terms
3. Schedule 3: Service Levels: Detailed service level requirements and measurement criteria
4. Schedule 4: Governance Framework: Detailed governance structure, roles, and responsibilities
5. Schedule 5: Template Statement of Work: Standard template for creating specific statements of work
6. Schedule 6: Change Control Procedure: Process for managing changes to services or agreement terms
7. Schedule 7: Security Requirements: Detailed security protocols and requirements
8. Schedule 8: Exit Management: Detailed transition out and service termination procedures
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