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Master Service Agreement IT Services

Master Service Agreement IT Services Template for Austria

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Key Requirements PROMPT example:

Master Service Agreement IT Services

"I need a Master Service Agreement IT Services under Austrian law for providing cybersecurity monitoring and incident response services to a banking client, with strict GDPR compliance requirements and 24/7 service level commitments starting March 2025."

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Document background
The Master Service Agreement IT Services is designed for use in the Austrian market where a service provider will be delivering ongoing IT services to a client organization. This agreement serves as the primary contractual framework governing the overall relationship between the parties, with specific services, deliverables, and commercial terms detailed in accompanying schedules or statements of work. It includes essential provisions required under Austrian law and EU regulations, particularly regarding data protection (GDPR), consumer protection, and electronic commerce requirements. The document is structured to provide flexibility for various IT service types while maintaining robust legal protections for both parties. It is particularly suitable for long-term IT service relationships where multiple projects or service streams may be implemented over time under a single governing framework.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses

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

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Services: General framework for the IT services to be provided under the agreement

5. Service Provider Obligations: Core obligations and responsibilities of the service provider

6. Customer Obligations: Core obligations and responsibilities of the customer

7. Service Levels: Overview of service level principles and reference to detailed SLA in schedules

8. Charges and Payment Terms: Pricing structure, payment terms, invoicing, and late payment consequences

9. Data Protection and Security: GDPR compliance, data processing terms, and information security requirements

10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

14. Force Majeure: Events excusing performance and related procedures

15. Governing Law and Jurisdiction: Austrian law application and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Change Control: Procedures for requesting and implementing changes to services - include for complex service arrangements

2. Transition Services: Process for initial transition of services - include when taking over from incumbent provider

3. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

4. Exit Management: Detailed exit procedures - include for complex or critical services

5. Audit Rights: Customer's right to audit service provider - include for regulated industries or critical services

6. Personnel and Subcontractors: Specific requirements for service provider staff - include when personnel qualifications are crucial

7. Security Clearance: Special security requirements - include for government or sensitive contracts

8. Service Credits: Financial consequences for missing service levels - include when specific performance metrics are critical

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of each service to be provided

2. Schedule 2 - Service Levels: Detailed Service Level Agreement (SLA) including metrics and measurement

3. Schedule 3 - Charges: Detailed pricing, including rate cards and calculation methods

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details

5. Schedule 5 - Security Requirements: Detailed information security requirements and procedures

6. Schedule 6 - Technical Standards: Technical specifications and standards to be followed

7. Schedule 7 - Key Personnel: Details of key personnel from both parties

8. Schedule 8 - Approved Subcontractors: List of approved subcontractors and their roles

9. Appendix A - Change Request Template: Standard form for requesting service changes

10. Appendix B - Service Report Template: Standard format for service performance reporting

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Affiliate
Agreement
Applicable Law
Approved Subcontractor
Austrian Data Protection Act
Authorized Representative
Background IP
Business Day
Change Control Procedure
Change Request
Charges
Confidential Information
Contract Year
Customer
Customer Data
Customer Materials
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Documentation
Effective Date
Emergency Maintenance
Exit Plan
Force Majeure Event
GDPR
Good Industry Practice
Intellectual Property Rights
Key Personnel
Maintenance Window
Material Breach
Milestone
Notice
Personal Data
Personnel
Project
Related Agreement
Schedule
Security Requirements
Service Credits
Service Hours
Service Levels
Services
Software
Source Code
Statement of Work
Support Services
System
Term
Third Party Materials
Transition Period
Transition Plan
Unplanned Downtime
Virus
Work Product
Clauses
Services
Service Levels
Charges
Payment
Data Protection
Information Security
Intellectual Property
Confidentiality
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Change Control
Governance
Performance Monitoring
Audit Rights
Personnel
Subcontracting
Insurance
Dispute Resolution
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendments
Third Party Rights
Anti-Bribery
Export Control
Business Continuity
Disaster Recovery
Exit Management
Transition Services
Non-Solicitation
Service Credits
Acceptance Testing
Documentation
Training
Maintenance
Support Services
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Professional Services

Government and Public Sector

Education

Insurance

Media and Entertainment

Transportation and Logistics

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Finance

Operations

Risk and Compliance

Information Security

Data Protection

Vendor Management

Project Management

Contract Administration

Relevant Roles

Chief Information Officer

IT Director

Legal Counsel

Procurement Manager

Contract Manager

IT Service Delivery Manager

Chief Technology Officer

Information Security Officer

Data Protection Officer

IT Project Manager

Vendor Management Officer

Chief Financial Officer

Operations Director

Risk Manager

Compliance Officer

Industries
Austrian Civil Code (ABGB): Provides the fundamental framework for contract formation, validity, performance, and remedies in Austrian contract law
General Data Protection Regulation (GDPR): EU-wide regulation governing personal data processing, storage, and transfer, which is directly applicable in Austria
Austrian Data Protection Act (DSG): National implementation of GDPR and additional data protection requirements specific to Austria
Austrian Telecommunications Act (TKG 2021): Regulates electronic communications services and networks, including provisions relevant to IT service providers
E-Commerce Act (ECG): Governs electronic business transactions and digital services provision in Austria
Austrian Labor Law (Arbeitsrecht): Relevant for service delivery aspects involving personnel and contractor relationships
Copyright Act (Urheberrechtsgesetz): Protects intellectual property rights in software, documentation, and other IT-related works
Consumer Protection Act (KSchG): Applies when providing IT services to consumers or small businesses in Austria
Federal Act on Electronic Signatures (SigG): Regulates the use of electronic signatures in business transactions and contracts
Network and Information System Security Act (NISG): Implements EU NIS Directive, setting security requirements for digital service providers
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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