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Managed Services Agreement for India

Managed Services Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the framework for the provision of managed services between a service provider and a customer. The agreement details the scope of services, service levels, pricing, governance structure, and operational requirements while ensuring compliance with Indian regulations including the Information Technology Act, 2000 and related data protection rules. It includes provisions for performance monitoring, risk allocation, intellectual property rights, data protection, and dispute resolution mechanisms specific to the Indian legal context.

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Managed Services Agreement

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What is a Managed Services Agreement?

The Managed Services Agreement serves as a foundational document for organizations seeking to outsource specific operational functions or services to specialized service providers in India. This agreement is essential when a company wants to engage a professional service provider to manage and maintain specific business processes, IT infrastructure, or other operational services on an ongoing basis. The document comprehensively addresses service delivery, performance standards, pricing, and risk allocation while ensuring compliance with Indian legal requirements, including the Information Technology Act, 2000, data protection regulations, and contract law. It's particularly relevant in today's business environment where organizations increasingly rely on external expertise for operational efficiency and strategic advantage.

What sections should be included in a Managed Services Agreement?

1. Parties: Identifies the contracting parties with their full legal names, addresses, and company registration details

2. Background: Provides context for the agreement and brief description of the parties' business relationship

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Outlines the managed services to be provided, including general description and service categories

5. Term and Termination: Specifies initial term, renewal provisions, and termination rights

6. Service Provider Obligations: Details the core obligations, responsibilities, and commitments of the service provider

7. Customer Obligations: Specifies customer responsibilities, including access provision and cooperation requirements

8. Service Levels: Defines performance standards, measurement metrics, and remedies for non-performance

9. Charges and Payment: Details service fees, payment terms, invoicing process, and related financial provisions

10. Intellectual Property Rights: Addresses ownership and licensing of IP created or used during service delivery

11. Confidentiality: Defines confidential information and obligations regarding its protection

12. Data Protection and Privacy: Specifies obligations regarding personal data handling and privacy compliance

13. Liability and Indemnification: Sets out liability limitations and indemnification obligations

14. Force Majeure: Addresses rights and obligations during events beyond parties' reasonable control

15. Dispute Resolution: Specifies process for resolving disputes, including jurisdiction and governing law

16. General Provisions: Contains standard boilerplate clauses including notices, assignment, and entire agreement

What sections are optional to include in a Managed Services Agreement?

1. Transition Services: Required when services need to be transitioned from existing providers or back to the customer

2. Change Control: Needed for complex services where formal change management procedures are required

3. Business Continuity and Disaster Recovery: Important for critical services requiring specific continuity arrangements

4. Security Requirements: Needed when services involve sensitive systems or data requiring specific security measures

5. Compliance with Specific Regulations: Required when services are subject to specific regulatory requirements

6. Third-Party Contracts: Needed when service provider will manage customer's third-party relationships

7. Asset Transfer: Required when physical or digital assets are being transferred between parties

8. Staff Transfer: Needed when employees are being transferred between parties

9. Benchmarking: Optional provision for comparing services and prices against market standards

10. Innovation and Continuous Improvement: Useful for long-term relationships requiring ongoing service enhancement

What schedules should be included in a Managed Services Agreement?

1. Service Description: Detailed description of each service component and delivery requirements

2. Service Levels and Service Credits: Detailed SLA metrics, measurement methods, and service credit calculations

3. Charges: Detailed pricing structure, rate cards, and payment calculations

4. Key Personnel: Lists key staff members and their roles from both parties

5. Technical Requirements: Detailed technical specifications and requirements for service delivery

6. Security Requirements: Detailed security protocols, standards, and compliance requirements

7. Governance and Reporting: Detailed governance structure, meeting schedules, and reporting requirements

8. Exit Plan: Detailed procedures for service termination and transition

9. Business Continuity Plan: Detailed procedures for maintaining service during disruptions

10. Approved Subcontractors: List of approved third-party service providers and subcontractors

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


































































Clauses














































Relevant Industries

Information Technology

Telecommunications

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Energy and Utilities

Transportation and Logistics

Education

Government and Public Sector

Media and Entertainment

Real Estate and Property Management

Pharmaceutical and Life Sciences

Relevant Teams

Legal

Procurement

Information Technology

Operations

Finance

Risk and Compliance

Vendor Management

Project Management Office

Security

Service Delivery

Commercial

Technical Architecture

Business Operations

Relevant Roles

Chief Information Officer

Chief Technology Officer

Procurement Manager

Legal Counsel

Contract Manager

Service Delivery Manager

Operations Director

IT Director

Chief Financial Officer

Risk Manager

Compliance Officer

Vendor Management Specialist

Project Manager

Technical Architecture Manager

Security Officer

Business Unit Head

Commercial Director

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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