Managed Service Provider Contract Template for Nigeria

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Key Requirements PROMPT example:

Managed Service Provider Contract

"I need a Managed Service Provider Contract for our fintech startup in Lagos, covering comprehensive IT infrastructure management and cybersecurity services, with specific provisions for NDPR compliance and handling of financial data."

Document background
The Managed Service Provider Contract is essential for organizations in Nigeria seeking to outsource their IT operations and infrastructure management to specialized service providers. This agreement is particularly relevant in the current digital transformation landscape where businesses require professional IT management services while ensuring compliance with Nigerian regulations, particularly the NDPR and Cybercrime Act. The document typically includes comprehensive service descriptions, performance metrics, data protection protocols, and pricing structures. It addresses both technical and legal aspects of the service relationship, incorporating Nigerian legal requirements while following international best practices for IT service management. The contract is designed to protect both parties' interests while ensuring clear accountability and service delivery standards in managed IT services arrangements.
Suggested Sections

1. Parties: Identification and details of the service provider and client organizations

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of technical terms, acronyms, and key concepts used throughout the agreement

4. Scope of Services: Comprehensive outline of the managed services to be provided

5. Service Provider Obligations: Detailed responsibilities and commitments of the MSP

6. Client Obligations: Responsibilities and commitments required from the client

7. Service Levels: Defined performance metrics, response times, and service quality standards

8. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms

9. Term and Termination: Duration of the agreement and conditions for termination

10. Data Protection and Security: Compliance with NDPR and security measures for data protection

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property Rights: Ownership and usage rights of software, systems, and data

13. Limitation of Liability: Boundaries of legal responsibility and liability caps

14. Force Majeure: Provisions for unforeseen circumstances and events beyond reasonable control

15. Dispute Resolution: Procedures for handling disagreements and conflicts

16. Governing Law: Specification of Nigerian law as the governing law and jurisdiction

Optional Sections

1. Change Management: Procedures for requesting and implementing service changes, recommended for complex service arrangements

2. Disaster Recovery: Specific procedures for business continuity and disaster recovery, important for critical services

3. Staff and Subcontractors: Terms regarding service provider personnel and use of subcontractors, relevant when specific staffing requirements exist

4. Insurance Requirements: Specific insurance coverage requirements, important for high-value or high-risk services

5. Transition Services: Procedures for service implementation and exit, important for complex service transitions

6. Compliance with Industry Standards: Specific industry standards and certifications requirements, relevant for regulated industries

7. Environmental Protection: Environmental compliance and sustainability requirements, relevant for services with environmental impact

8. Anti-Bribery and Corruption: Specific anti-corruption provisions, important for government contracts or high-value services

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed technical specifications of each service offered

2. Schedule 2 - Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and penalties

3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, rates, and payment terms

4. Schedule 4 - Implementation Plan: Timeline and milestones for service implementation

5. Schedule 5 - Technical Requirements: Specific technical specifications and requirements

6. Schedule 6 - Security Requirements: Detailed security protocols and compliance requirements

7. Schedule 7 - Approved Subcontractors: List of approved third-party service providers

8. Schedule 8 - Exit Management Plan: Detailed procedures for service termination and transition

9. Appendix A - Contact Details: Key contacts and escalation procedures

10. Appendix B - Required Reports: Templates and specifications for required service reports

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Education

Government and Public Sector

Oil and Gas

Professional Services

E-commerce

Construction

Logistics and Transportation

Relevant Teams

Information Technology

Legal

Procurement

Finance

Operations

Risk Management

Compliance

Information Security

Vendor Management

Service Delivery

Infrastructure Management

Relevant Roles

Chief Information Officer

IT Director

Chief Technology Officer

Procurement Manager

Legal Counsel

IT Operations Manager

Information Security Manager

Risk Management Officer

Compliance Officer

Contract Manager

Service Delivery Manager

Technical Operations Director

Chief Financial Officer

IT Infrastructure Manager

Vendor Management Officer

Industries
Nigeria Data Protection Regulation (NDPR) 2019: Regulates the collection, storage, and processing of personal data. Essential for MSP contracts as they often handle client data and must ensure compliance with data protection standards.
Cybercrimes (Prohibition, Prevention, etc.) Act 2015: Provides legal framework for the prohibition, prevention, and response to cybercrimes. Relevant for MSP contracts as they involve digital services and cybersecurity responsibilities.
Nigerian Consumer Protection Council Act: Protects consumers from unfair practices and ensures service quality standards. Applicable to MSP contracts in terms of service delivery and customer rights.
Evidence Act 2011: Particularly Section 84 which deals with the admissibility of electronic evidence and computer-generated documents. Relevant for digital service provisions and record-keeping requirements.
National Information Technology Development Agency (NITDA) Act 2007: Provides regulatory framework for information technology development and practices in Nigeria. Essential for IT service providers operating in the country.
Companies and Allied Matters Act (CAMA) 2020: Governs business operations and corporate relationships in Nigeria. Relevant for establishing the legal framework of the service provider-client relationship.
Nigerian Communications Act 2003: Regulates telecommunications and network services. Applicable if the MSP services include telecommunications or network management services.
Contract Law (Common Law principles): General principles of contract law as applied in Nigerian legal system, covering formation, terms, breach, and remedies in contractual relationships.
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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