Outsourcing Contract Agreement Template for New Zealand

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Key Requirements PROMPT example:

Outsourcing Contract Agreement

"I need an Outsourcing Contract Agreement for outsourcing our IT helpdesk services to a third-party provider in New Zealand, with specific emphasis on data security, 24/7 service coverage, and performance metrics for response times."

Document background

This Outsourcing Contract Agreement is designed for use in New Zealand business environments where an organization wishes to engage an external service provider to manage and deliver specific business functions or services. The agreement is particularly relevant in today's business landscape where organizations increasingly focus on core competencies while outsourcing peripheral or specialized functions to achieve operational efficiency and cost effectiveness. It incorporates key requirements under New Zealand law, including provisions for privacy, data protection, fair trading, and electronic transactions. The document provides a comprehensive framework covering service delivery, performance metrics, risk allocation, and governance structures, while maintaining flexibility to accommodate various types of outsourcing arrangements, from IT services to business process outsourcing.

Suggested Sections

1. Parties: Identifies and provides details of the contracting parties (service provider and customer)

2. Background: Sets out the context and commercial intent of the outsourcing arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Describes the services to be provided and any excluded services

5. Term and Renewal: Specifies the duration of the agreement and renewal provisions

6. Service Provider's Obligations: Details the core obligations and responsibilities of the service provider

7. Customer's Obligations: Outlines the customer's responsibilities and obligations

8. Service Levels: Establishes performance standards and metrics for service delivery

9. Charges and Payment: Details the fee structure, payment terms, and invoicing procedures

10. Governance and Reporting: Describes management structure, reporting requirements, and oversight mechanisms

11. Intellectual Property Rights: Addresses ownership and usage rights of pre-existing and newly created IP

12. Confidentiality: Governs the protection and handling of confidential information

13. Data Protection and Privacy: Addresses compliance with privacy laws and data security requirements

14. Liability and Indemnities: Sets out liability limitations and indemnification obligations

15. Termination: Specifies termination rights, procedures, and consequences

16. Exit Management: Outlines the process for service transition upon contract end

17. General Provisions: Contains standard boilerplate clauses including governing law, notices, and dispute resolution

Optional Sections

1. Change Control: Procedures for managing changes to services or contract terms - include when services are likely to evolve

2. Business Continuity and Disaster Recovery: Details recovery procedures and continuity planning - include for critical services

3. Staff and Key Personnel: Requirements for service provider personnel - include when specific expertise or security clearance is needed

4. Security Requirements: Specific security protocols and requirements - include for handling sensitive data or systems

5. Regulatory Compliance: Industry-specific compliance requirements - include for regulated sectors

6. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for international arrangements

7. Force Majeure: Handling of events beyond parties' control - include for long-term or critical services

8. Parent Company Guarantee: Additional financial security - include when service provider's financial strength is crucial

9. Insurance Requirements: Specific insurance coverage requirements - include for high-risk services

Suggested Schedules

1. Schedule 1 - Services Description: Detailed technical and operational specifications of services

2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies

3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment calculations

4. Schedule 4 - Customer Dependencies: Detailed list of customer-provided resources and responsibilities

5. Schedule 5 - Governance Procedures: Detailed governance structure, meeting schedules, and escalation procedures

6. Schedule 6 - Security Policies: Detailed security requirements and procedures

7. Schedule 7 - Business Continuity Plan: Detailed continuity and disaster recovery procedures

8. Schedule 8 - Exit Plan: Detailed transition assistance and exit management procedures

9. Schedule 9 - Approved Subcontractors: List of approved subcontractors and their roles

10. Appendix A - Form of Change Order: Template for documenting and approving changes

11. Appendix B - Reports: Templates and specifications for required 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Business Process Outsourcing

Manufacturing

Financial Services

Healthcare

Telecommunications

Professional Services

Logistics and Supply Chain

Retail

Education

Relevant Teams

Legal

Procurement

Operations

Information Technology

Finance

Risk and Compliance

Commercial

Project Management Office

Vendor Management

Service Delivery

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Procurement Manager

Contract Manager

Legal Counsel

Operations Director

IT Director

Risk Manager

Compliance Officer

Service Delivery Manager

Commercial Manager

Project Manager

Vendor Manager

Business Unit Head

Finance Director

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