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M003. Facilities Management Agreement

This Contract is a Facilities Management Agreement for the appointment of an independent third party manager with the skills to perform all necessary tasks to ensure proper, efficient and effective use, operation, management and support of new technologies and/or computer systems.

The type of Services offered under a Facilities Management Agreement can vary extensively, but typically include:
  • Operating and ensuring continued support of a computer system of any type.
  • Ensuring data and file back-ups on a regular (if not daily/weekly) basis.
  • Ensuring (where applicable) network provisions, access and support.
  • Ensuring availability of suitably trained staff to perform the agreed services.
  • Administering and managing use of the System, if concurrent use requires to be monitored.
  • Administering and managing the introduction of upgrades or enhancements to the System.
  • Ensuring disaster recovery facilities are in place.
  • Checking that the System is Year 2000 compliant.
The Contract provides for agreement between the parties of performance standards and service levels and also for their frequent review throughout the contract term. In the event of disagreement, provision is made for dispute resolution.

The Contract also provides for the manager to be granted the right to use the Clientís equipment and accommodation as well as third party software. From the Clientís perspective, this must be strictly regulated. There are notes for guidance in the Contract to amend certain provisions, e.g. If the agreement is drafted for the managerís benefit such a grant will be as wide as possible and the contrary if drafted for the Client.

Furthermore, all modifications made by the manager to the businessí software or any copyright material should belong to the business.
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