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Operating Service Agreement
"I need an Operating Service Agreement for my IT consulting company to provide managed infrastructure services to a healthcare provider in Queensland, with specific emphasis on data security and privacy compliance, starting from March 2025."
1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Term and Renewal: Specifies the initial term, renewal options, and conditions for extension
5. Services: Detailed description of the services to be provided and service delivery requirements
6. Service Levels and Performance: Establishes performance standards, KPIs, and measurement criteria
7. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
8. Personnel and Resources: Outlines requirements for personnel, equipment, and resources
9. Compliance and Reporting: Specifies compliance obligations and reporting requirements
10. Governance and Management: Establishes management structure, meetings, and decision-making processes
11. Intellectual Property: Addresses ownership and usage rights of IP created or used in service delivery
12. Confidentiality: Defines confidential information and protection obligations
13. Privacy and Data Protection: Sets out obligations for handling personal and sensitive information
14. Liability and Indemnities: Specifies liability limits and indemnification obligations
15. Insurance: Details required insurance coverage and obligations
16. Termination: Outlines termination rights, processes, and consequences
17. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Business Continuity and Disaster Recovery: Required when services are critical to business operations
2. Security Requirements: Needed when services involve sensitive data or systems
3. Change Management: Important for agreements where service requirements may evolve
4. Transition and Exit: Required for complex services requiring handover planning
5. Subcontracting: Necessary when service provider may use subcontractors
6. Force Majeure: Important for services vulnerable to external disruptions
7. Anti-Bribery and Corruption: Required for high-value or government-related contracts
8. Environmental and Social Responsibility: Important for services with environmental or social impacts
1. Schedule 1 - Service Specifications: Detailed technical specifications of services to be provided
2. Schedule 2 - Service Levels and KPIs: Comprehensive metrics and performance standards
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms
4. Schedule 4 - Governance Framework: Detailed procedures for contract management and oversight
5. Schedule 5 - Personnel Requirements: Key personnel, qualifications, and resource requirements
6. Schedule 6 - Implementation Plan: Timeline and milestones for service implementation
7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix A - Forms and Templates: Standard forms for reports, requests, and other documentation
9. Appendix B - Technical Requirements: Detailed technical specifications and standards
10. Appendix C - Business Continuity Plan: Detailed procedures for maintaining service continuity
Authors
Information Technology
Manufacturing
Mining
Healthcare
Facilities Management
Logistics and Supply Chain
Professional Services
Telecommunications
Energy and Utilities
Infrastructure
Real Estate
Education
Legal
Operations
Procurement
Commercial
Risk and Compliance
Finance
Business Development
Project Management
Service Delivery
Contract Management
Facilities Management
Chief Operations Officer
Operations Manager
Contract Manager
Legal Counsel
Procurement Manager
Facility Manager
Service Delivery Manager
Risk Manager
Compliance Officer
Commercial Manager
Business Development Manager
Project Manager
Operations Director
General Counsel
Chief Financial Officer
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