MSP Service Level Agreement for Australia

MSP Service Level Agreement Template for Australia

An Australian-governed Service Level Agreement (SLA) designed for Managed Service Provider (MSP) arrangements, establishing the framework for IT service delivery, performance standards, and operational responsibilities. This comprehensive agreement incorporates Australian privacy laws, consumer protection requirements, and IT security standards while defining service levels, support obligations, performance metrics, and compliance requirements. The document addresses both technical and commercial aspects of the MSP relationship, including data protection, service availability, incident response, and reporting obligations under Australian jurisdiction.

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What is a MSP Service Level Agreement?

This MSP Service Level Agreement is essential for organizations engaging Managed Service Providers for their IT operations in Australia. The agreement establishes clear performance metrics, service standards, and mutual obligations while ensuring compliance with Australian legislation, including the Privacy Act 1988, Australian Consumer Law, and relevant IT security standards. It is particularly crucial when outsourcing critical IT functions, managing sensitive data, or requiring specific service levels for business operations. The document includes comprehensive service descriptions, performance metrics, security requirements, and remediation procedures, making it suitable for both standard IT services and specialized technical requirements. This agreement type is designed to protect both service providers and clients while maintaining alignment with Australian business practices and legal frameworks.

What sections should be included in a MSP Service Level Agreement?

1. Parties: Identifies and provides details of the MSP and the client

2. Background: Contextual information about the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Services Overview: High-level description of the managed services to be provided

5. Service Level Commitments: Detailed specifications of service levels, response times, and performance metrics

6. Performance Monitoring and Reporting: Methods and frequency of service level measurement and reporting

7. Support and Maintenance: Details of support services, maintenance windows, and incident response procedures

8. Data Security and Privacy: Obligations regarding data protection, privacy compliance, and security measures

9. Fees and Payment Terms: Pricing structure, payment terms, and billing procedures

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Warranties and Liability: Service warranties, liability limitations, and indemnification provisions

12. Dispute Resolution: Procedures for handling disputes and escalation processes

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

What sections are optional to include in a MSP Service Level Agreement?

1. Disaster Recovery and Business Continuity: Include when specific disaster recovery services are part of the MSP offering

2. Cloud Services: Required when the MSP provides cloud infrastructure or platform services

3. Hardware and Equipment: Include when the MSP provides or manages physical equipment

4. Software Licensing: Necessary when the MSP provides software licenses or manages software assets

5. Professional Services: Include when additional consulting or project services are offered

6. Compliance and Audit Rights: Important for regulated industries or when handling sensitive data

7. Service Credits: Include when offering financial compensation for service level failures

8. Third-Party Service Providers: Required when subcontractors or third-party services are used

What schedules should be included in a MSP Service Level Agreement?

1. Schedule A - Service Descriptions: Detailed descriptions of each service offering and support level

2. Schedule B - Service Level Metrics: Specific performance metrics, measurement methods, and targets

3. Schedule C - Fee Schedule: Detailed pricing, rate cards, and payment terms

4. Schedule D - Support Procedures: Detailed support processes, escalation procedures, and contact information

5. Schedule E - Technical Requirements: Technical specifications, system requirements, and infrastructure details

6. Schedule F - Security Standards: Detailed security protocols, compliance requirements, and procedures

7. Schedule G - Transition Plan: Service transition and implementation timeline and procedures

8. Appendix 1 - Service Request Catalogue: List of standard service requests and associated response times

9. Appendix 2 - Acceptable Use Policy: Guidelines for appropriate use of services and systems

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

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Education

Government

Telecommunications

Mining and Resources

Construction

Non-Profit Organizations

Media and Entertainment

Transportation and Logistics

Relevant Teams

Information Technology

Legal

Procurement

Operations

Risk and Compliance

Finance

Security

Service Delivery

Infrastructure

Vendor Management

Business Operations

Executive Leadership

Relevant Roles

Chief Information Officer

IT Director

Chief Technology Officer

IT Operations Manager

Procurement Manager

Contract Manager

Service Delivery Manager

IT Security Manager

Risk and Compliance Manager

Legal Counsel

Technical Operations Director

Business Relationship Manager

Vendor Manager

Infrastructure Manager

Chief Financial Officer

IT Project Manager

Industries
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and government agencies, including the Australian Privacy Principles (APPs) which are crucial for MSPs handling customer data
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Provides consumer protections and guarantees regarding services, including requirements for service quality and fitness for purpose
Electronic Transactions Act 1999: Provides the legal framework for electronic transactions and digital business operations in Australia
Security of Critical Infrastructure Act 2018: May apply if the MSP services involve critical infrastructure or systems, requiring specific security obligations and incident reporting
Telecommunications Act 1997: Relevant if the MSP provides telecommunications services or operates telecommunications infrastructure
Copyright Act 1968: Important for protecting intellectual property rights in software and digital content used in MSP services
Competition and Consumer Act 2010: Governs business-to-business relationships and prohibits unfair contract terms and anti-competitive behavior
Spam Act 2003: Regulates electronic communications and marketing activities that may be part of MSP services
State Fair Trading Acts: State-specific legislation that may impose additional requirements on service agreements and business practices
Notifiable Data Breaches Scheme: Part of the Privacy Act that requires organizations to notify individuals and the OAIC when a data breach is likely to result in serious harm
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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