This Master Service Level Agreement (MSLA) is designed for use in commercial relationships where one party provides ongoing services to another under specific performance standards and service levels. The agreement is structured to comply with New Zealand law and commercial practice, providing a comprehensive framework for service delivery, performance measurement, and relationship management. It is particularly suitable for complex service arrangements where detailed service levels, governance structures, and operational requirements need to be clearly defined and monitored. The MSLA serves as an umbrella agreement under which specific services can be added or modified through accompanying schedules or statements of work, allowing for flexibility while maintaining consistent overarching terms and conditions.
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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
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Term and Renewal: Specifies initial term, renewal options and conditions
5. Services: Outlines the core services to be provided and general service requirements
6. Service Levels: Defines the required service levels, measurement metrics, and reporting requirements
7. Performance Management: Details how service performance will be monitored, reported, and reviewed
8. Charges and Payment: Specifies pricing, payment terms, invoicing procedures, and price review mechanisms
9. Governance and Change Management: Establishes governance structure and processes for managing changes
10. Personnel and Resources: Sets requirements for personnel, equipment, and resources used in service delivery
11. Compliance and Audit: Specifies compliance obligations and audit rights
12. Intellectual Property: Addresses ownership and usage rights of IP created or used in service delivery
13. Confidentiality: Defines confidential information and protection obligations
14. Privacy and Data Protection: Establishes obligations for handling personal and sensitive data
15. Liability and Indemnities: Sets out liability limitations and indemnification obligations
16. Force Majeure: Addresses rights and obligations during force majeure events
17. Termination: Details termination rights, process, and consequences
18. Dispute Resolution: Establishes process for resolving disputes
19. General Provisions: Contains standard boilerplate clauses
1. Business Continuity and Disaster Recovery: Required when services are critical to business operations
2. Security Requirements: Needed when services involve IT systems or sensitive data
3. Transition and Implementation: Include when complex service implementation or transition is required
4. Third Party Agreements: Required when subcontractors or third-party services are involved
5. Insurance: Include when specific insurance requirements need to be detailed
6. Environmental Compliance: Needed for services with environmental impacts
7. Import/Export Compliance: Include for international service provision
8. Industry-Specific Compliance: Add for regulated industries like healthcare or financial services
9. Service Credits: Include when financial penalties for service level breaches are required
10. Innovation and Continuous Improvement: Add for long-term strategic service relationships
1. Schedule 1 - Service Descriptions: Detailed descriptions of each service to be provided
2. Schedule 2 - Service Levels and KPIs: Specific service levels, measurement methods, and KPIs
3. Schedule 3 - Pricing and Charging Model: Detailed pricing structure, rates, and charging mechanisms
4. Schedule 4 - Governance Procedures: Detailed governance framework, meeting schedules, and escalation procedures
5. Schedule 5 - Change Control Procedures: Detailed process for requesting, approving, and implementing changes
6. Schedule 6 - Security Requirements: Detailed security protocols and requirements
7. Schedule 7 - Business Continuity Plan: Detailed business continuity and disaster recovery procedures
8. Schedule 8 - Transition Plan: Implementation and transition timeline and requirements
9. Schedule 9 - Required Reports: Ƶ and specifications for required service reports
10. Schedule 10 - Key Personnel: Details of key personnel and roles
11. Appendix A - Technical Requirements: Detailed technical specifications and requirements
12. Appendix B - Form of Change Request: Template for change requests
13. Appendix C - Service Credit Calculations: Formulas and procedures for calculating service credits
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