The Operating Service Agreement is a crucial document used when establishing a formal operational service relationship between organizations in New Zealand. It is particularly relevant when one party (the service provider) agrees to deliver ongoing operational services to another party (the customer) under specific terms, conditions, and performance standards. This agreement type is commonly used across various industries where regular, structured service delivery is required, from IT services to facilities management. The document addresses key aspects including service scope, performance metrics, pricing, risk allocation, and compliance with New Zealand legislation. It provides a comprehensive framework for managing the service relationship, ensuring clear understanding of obligations, and establishing mechanisms for performance monitoring and issue resolution.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including any relevant historical information
3. Definitions: Defines key terms used throughout the agreement
4. Service Scope: Detailed description of services to be provided, including service levels and standards
5. Term and Renewal: Duration of the agreement and provisions for extension or renewal
6. Payment Terms: Fees, payment schedule, invoicing requirements, and payment methods
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Customer Obligations: Key responsibilities and commitments of the customer
9. Performance Standards: Specific KPIs, service levels, and quality standards
10. Reporting and Review: Requirements for regular reporting and performance review processes
11. Intellectual Property: Ownership and usage rights of IP created or used in service delivery
12. Confidentiality: Protection and handling of confidential information
13. Liability and Indemnities: Allocation of risks and responsibilities between parties
14. Termination: Circumstances and process for ending the agreement
15. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Change Management: Process for implementing changes to services or terms - include when services may evolve over time
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
3. Privacy and Data Protection: Specific privacy obligations - include when personal data is processed
4. Security Requirements: IT and physical security measures - include for technology or sensitive services
5. Transition Services: Entry and exit transition requirements - include for complex service arrangements
6. Personnel Requirements: Specific staff qualifications or vetting - include when staff credentials are crucial
7. Insurance: Specific insurance requirements - include for high-risk services
8. Subcontracting: Rules around subcontracting services - include when subcontractors may be used
1. Schedule 1 - Service Specifications: Detailed technical specifications of services to be provided
2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and measurement methods
3. Schedule 3 - Pricing and Fees: Detailed pricing structure, rates, and payment terms
4. Schedule 4 - Key Personnel: Details of key staff members and their roles
5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation
6. Appendix A - Report Templates: Standard formats for required reporting
7. Appendix B - Operating Procedures: Detailed operational processes and procedures
8. Appendix C - Contact Details: Key contacts and escalation paths for both parties
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