The Managed Services Agreement is essential for businesses operating in Austria that wish to outsource significant operational functions to specialized service providers. It is designed to comply with Austrian commercial law (ABGB and UGB) and EU regulations, particularly GDPR. This agreement type is typically used when a company needs ongoing, managed delivery of services such as IT infrastructure, facilities management, or business process outsourcing. The document comprehensively addresses service delivery, performance metrics, pricing, governance, data protection, and risk allocation. It includes detailed operational requirements through schedules and appendices, making it suitable for complex service relationships requiring clear accountability and performance standards. The agreement is structured to protect both parties' interests while ensuring practical operational effectiveness in an Austrian business context.
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1. Parties: Identification of contracting parties with full legal names and addresses
2. Background: Context of the agreement and brief description of parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Overview of services to be provided, referencing detailed service descriptions in schedules
5. Service Levels: High-level principles of service level commitments and remedies
6. Customer Obligations: Customer's responsibilities and requirements for service delivery
7. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
8. Governance and Change Control: Service management, reporting, and change procedures
9. Data Protection and Security: GDPR compliance, data processing terms, and security requirements
10. Intellectual Property Rights: IP ownership, licenses, and usage rights
11. Confidentiality: Protection and handling of confidential information
12. Liability and Insurance: Limitation of liability, indemnities, and insurance requirements
13. Term and Termination: Contract duration, renewal, and termination rights
14. Exit and Migration: Service transition and termination assistance
15. General Provisions: Standard boilerplate including governing law, notices, etc.
1. Personnel and Key Staff: Used when specific personnel requirements or key staff commitments are needed
2. Compliance and Audit: Added for regulated industries or when specific compliance requirements exist
3. Business Continuity: Include when service availability is critical or required by regulations
4. Force Majeure: Optional but recommended for long-term service arrangements
5. Anti-Bribery and Corruption: Required for international services or public sector contracts
6. Environmental Requirements: Include when services have environmental impact or for ESG compliance
7. Subcontracting: Include when provider will use subcontractors for service delivery
1. Schedule 1 - Service Description: Detailed description of all services to be provided
2. Schedule 2 - Service Levels and KPIs: Detailed service levels, measurement, and service credits
3. Schedule 3 - Charges: Detailed pricing, charging model, and payment terms
4. Schedule 4 - Governance: Detailed governance procedures, meetings, and escalation process
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Security Requirements: Detailed security policies and requirements
7. Schedule 7 - Business Continuity Plan: Disaster recovery and business continuity procedures
8. Schedule 8 - Exit Plan: Detailed exit management and transition requirements
9. Schedule 9 - Form of Change Order: Template for documenting agreed changes
10. Appendix A - Key Personnel: List of key staff and their roles
11. Appendix B - Approved Subcontractors: List of approved subcontractors if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Energy
Transportation
Real Estate
Education
Public Sector
Relevant Teams
Legal
Procurement
Information Technology
Operations
Finance
Risk and Compliance
Vendor Management
Commercial
Service Delivery
Project Management
Relevant Roles
Chief Information Officer
Chief Technology Officer
Procurement Manager
Vendor Management Director
Legal Counsel
Contract Manager
Operations Director
Service Delivery Manager
Commercial Manager
Risk Manager
Compliance Officer
IT Director
Chief Financial Officer
Project Manager
Business Unit Head
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