The Managed Service Provider Agreement serves as the foundational document governing the relationship between IT service providers and their clients in the United States. This agreement is essential when organizations outsource their IT operations, infrastructure management, or specific technical functions to a specialized provider. It details service scope, performance standards, security protocols, and compliance requirements while addressing federal and state regulatory obligations. The agreement is particularly crucial in today's digital environment where businesses rely heavily on external expertise for managing their technology infrastructure and ensuring operational continuity.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of services to be provided
5. Service Levels: Performance standards and metrics
6. Fees and Payment: Pricing, payment terms, and invoicing
7. Term and Termination: Duration and termination provisions
8. Confidentiality: Protection of confidential information
9. Data Protection: Data handling and security requirements
10. Liability and Indemnification: Risk allocation between parties
1. HIPAA Compliance: Required when handling healthcare data - includes specific provisions for protected health information
2. Government Contracting: Special provisions required for government contracts including compliance with federal regulations
3. Disaster Recovery: Business continuity requirements and procedures for critical services
4. International Data Transfer: Cross-border data transfer provisions for international operations
1. Service Description Schedule: Detailed breakdown of services and deliverables
2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
3. Pricing Schedule: Detailed pricing structure, rates, and payment terms
4. Data Processing Agreement: Detailed data handling procedures and compliance requirements
5. Security Requirements: Technical and organizational security measures required
6. Business Continuity Plan: Disaster recovery procedures and business continuity measures
7. Key Personnel: List of key staff, their roles, and responsibilities
8. Exit Management Plan: Transition assistance and termination procedures
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