The Managed Services Agreement is a crucial document for businesses operating in Nigeria who wish to outsource specific operational functions to specialized service providers. This agreement is commonly used when a company wants to delegate the management and operation of certain business processes, IT systems, facilities, or other services to a third-party provider while maintaining control through defined service levels and performance metrics. The document incorporates Nigerian legal requirements, including compliance with the Companies and Allied Matters Act 2020, Labour Act, and Nigeria Data Protection Regulation 2019. It is particularly relevant in today's business environment where organizations seek to focus on core competencies while ensuring efficient and professional management of support functions through external expertise.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided and service boundaries
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Service Provider Obligations: Key responsibilities and commitments of the service provider
7. Customer Obligations: Responsibilities and commitments required from the customer
8. Service Levels: Performance standards, metrics, and measurement methodology
9. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
10. Intellectual Property Rights: Ownership and usage rights of IP created or used during service delivery
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with NDPR and data handling requirements
13. Personnel: Requirements for staff, subcontractors, and key personnel
14. Liability and Indemnities: Risk allocation and liability limitations
15. Force Majeure: Provisions for handling events beyond parties' control
16. Termination: Grounds and process for agreement termination
17. Exit Management: Procedures for service transition upon termination
18. Governing Law and Dispute Resolution: Applicable law and dispute handling procedures
1. Regulatory Compliance: Additional compliance requirements for regulated industries
2. Security Requirements: Specific security protocols and standards, particularly relevant for IT services
3. Business Continuity: Disaster recovery and business continuity requirements, essential for critical services
4. Environmental Compliance: Environmental standards and requirements, relevant for services with environmental impact
5. Insurance: Specific insurance requirements beyond standard coverage
6. Anti-Bribery and Corruption: Additional anti-corruption provisions for high-risk services or government contracts
7. Change Control: Formal process for managing changes to services or agreement terms
8. Service Credits: Financial penalties for service level failures, used in critical service agreements
1. Service Description: Detailed technical and operational specifications of services
2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements
3. Pricing and Payment Schedule: Detailed pricing structure, rates, and payment terms
4. Personnel Schedule: Key personnel, qualifications, and roles
5. RACI Matrix: Responsibility assignment matrix for service delivery
6. Technical Requirements: Detailed technical specifications and standards
7. Security Standards: Detailed security requirements and compliance standards
8. Exit Plan: Detailed transition requirements and procedures
9. Approved Subcontractors: List of approved subcontractors and their roles
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