The Managed Services Contract serves as the foundational agreement for outsourcing operational functions to specialized service providers under U.S. jurisdiction. This contract type is essential when organizations seek to delegate the management of their IT infrastructure, business processes, or technical operations to external experts. The agreement typically includes detailed service descriptions, performance standards, pricing structures, and compliance requirements, while addressing key aspects such as data protection, security measures, and service level commitments.
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1. Parties: Identification and details of the contracting parties including full legal names, addresses, and registration details
2. Background: Context of the agreement, including business objectives and high-level purpose of the managed services arrangement
3. Definitions: Key terms and their meanings used throughout the agreement
4. Services Description: Detailed specification of the managed services to be provided, including scope and deliverables
5. Service Levels: Performance metrics, standards, and measurement criteria for service delivery
6. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
7. Pricing and Payment Terms: Fee structure, payment schedule, invoicing procedures, and late payment consequences
8. Confidentiality: Obligations regarding protection of confidential information and trade secrets
9. Data Protection: Compliance requirements with privacy laws and data handling procedures
10. Intellectual Property Rights: Ownership and licensing of IP created or used during service delivery
11. Liability and Indemnification: Limitations of liability, indemnification obligations, and insurance requirements
12. Force Majeure: Circumstances excusing performance and related procedures
13. Governing Law: Applicable law, jurisdiction, and dispute resolution procedures
1. HIPAA Compliance: Special provisions for healthcare data handling and HIPAA compliance requirements
2. Financial Services Provisions: Specific requirements for handling financial data and compliance with financial regulations
3. Export Control: Provisions for international service delivery and compliance with export control regulations
4. Personnel and Subcontracting: Requirements for service provider personnel and rules for subcontracting
5. Change Management: Procedures for requesting and implementing changes to services
1. Schedule A - Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and remedies for failure
2. Schedule B - Pricing Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule C - Data Processing Agreement: Specific terms and procedures for handling personal data
4. Schedule D - Business Continuity Plan: Disaster recovery procedures and service continuation protocols
5. Schedule E - Security Requirements: Technical and organizational security measures required
6. Schedule F - Exit Management Plan: Procedures for service termination and transition to another provider
7. Schedule G - Key Personnel: List of key personnel and their roles in service delivery
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