The Master Subscription Agreement serves as the primary contractual framework for businesses providing subscription-based services in Germany. It is specifically designed to comply with German legal requirements, including the German Civil Code (BGB), data protection laws, and EU regulations. This document type is essential when establishing long-term subscription services, particularly in software, technology, or recurring service arrangements. The MSA defines the overall relationship between parties, covering crucial aspects such as service delivery, payment terms, data protection, liability, and termination rights, while remaining flexible enough to accommodate specific service details in its schedules. It's particularly important in the German market where strict regulations govern standard business terms and data protection, making it essential to have a robust legal framework that addresses both commercial and compliance requirements.
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1. Parties: Identification of the contracting parties including registered addresses and company details as required under German law
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including German legal terms where relevant
4. Subscription Services: Detailed description of the services provided, including scope, access rights, and service levels
5. Ordering and Delivery: Process for ordering services, activation, and delivery mechanisms
6. Fees and Payment: Pricing, payment terms, invoicing, and payment methods in compliance with German payment regulations
7. Term and Termination: Contract duration, renewal terms, and termination rights including statutory notice periods under German law
8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
9. Provider Obligations: Provider's service commitments, support, and maintenance obligations
10. Data Protection and Security: GDPR and BDSG compliance, data processing terms, and security measures
11. Intellectual Property Rights: IP ownership, licenses, and usage rights
12. Confidentiality: Protection of confidential information and trade secrets
13. Limitation of Liability: Liability limitations and exclusions compliant with German law
14. Force Majeure: Force majeure provisions adapted to German legal requirements
15. General Provisions: Miscellaneous legal provisions including governing law, jurisdiction, and entire agreement
1. Professional Services: Include when additional implementation, training, or consulting services are offered
2. Service Level Agreement: Include when specific performance metrics and remedies need to be contractually guaranteed
3. Reseller Terms: Include when the customer is permitted to resell the services
4. Hardware Provisions: Include when physical equipment is provided as part of the subscription
5. Insurance Requirements: Include when specific insurance coverage needs to be maintained by either party
6. Compliance with Industry Standards: Include for regulated industries or when specific certifications must be maintained
7. Multi-tenant Provisions: Include when services are provided to multiple affiliated entities
8. Migration Services: Include when data migration services are part of the initial setup
1. Service Description: Detailed technical specifications and description of the subscription services
2. Service Level Agreement: Detailed performance metrics, measurement methods, and service credits
3. Price List: Detailed pricing information, payment terms, and calculation methods
4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures
5. Support Services Description: Support level descriptions, response times, and escalation procedures
6. Security Requirements: Detailed security standards, protocols, and compliance requirements
7. Acceptable Use Policy: Detailed rules and restrictions for use of the services
8. Technical Requirements: System requirements, supported platforms, and technical prerequisites
Relevant legal definitions
Agreement
Affiliate
Authorized User
Business Day
Confidential Information
Customer
Customer Data
Documentation
Data Controller
Data Processor
Data Protection Laws
Data Subject
Effective Date
Fees
Force Majeure Event
GDPR
Initial Term
Intellectual Property Rights
Order Form
Personal Data
Provider
Renewal Term
Service Credits
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third Party Components
Updates
Upgrades
User Credentials
Working Hours
Service Description
Acceptance Tests
Business Hours
Critical Error
Maintenance Window
Response Time
Resolution Time
Service Availability
Technical Support
Territory
Usage Data
Virus
Vulnerability
Work Product
API
Authentication
Backup
Billing Period
Capacity
Configuration
Dashboard
Disaster Recovery
Enhancement
Error
Good Industry Practice
Implementation Services
Integration
Interface
License Metrics
Malicious Code
Migration Services
Modification
Notice Period
Platform
Professional Services
Security Breach
Security Requirements
Service Environment
Service Provider
SLA
Specifications
Standard Business Terms
Subscription Fees
Technical Requirements
Training Services
User Documentation
Written Form
Affiliate
Authorized User
Business Day
Confidential Information
Customer
Customer Data
Documentation
Data Controller
Data Processor
Data Protection Laws
Data Subject
Effective Date
Fees
Force Majeure Event
GDPR
Initial Term
Intellectual Property Rights
Order Form
Personal Data
Provider
Renewal Term
Service Credits
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third Party Components
Updates
Upgrades
User Credentials
Working Hours
Service Description
Acceptance Tests
Business Hours
Critical Error
Maintenance Window
Response Time
Resolution Time
Service Availability
Technical Support
Territory
Usage Data
Virus
Vulnerability
Work Product
API
Authentication
Backup
Billing Period
Capacity
Configuration
Dashboard
Disaster Recovery
Enhancement
Error
Good Industry Practice
Implementation Services
Integration
Interface
License Metrics
Malicious Code
Migration Services
Modification
Notice Period
Platform
Professional Services
Security Breach
Security Requirements
Service Environment
Service Provider
SLA
Specifications
Standard Business Terms
Subscription Fees
Technical Requirements
Training Services
User Documentation
Written Form
Clauses
Parties
Recitals
Definitions
Service Provision
Subscription Terms
License Grant
Service Levels
Support Services
Customer Obligations
Provider Obligations
Fees and Payment
Invoicing
Data Protection
Data Security
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Duration
Termination
Exit Management
Audit Rights
Service Suspension
Change Management
Assignment
Subcontracting
Notice Requirements
Governing Law
Dispute Resolution
Entire Agreement
Severability
Order of Precedence
Compliance with Laws
Insurance
Service Credits
Acceptance Testing
Implementation
Training
Documentation
Maintenance
Security Requirements
Disaster Recovery
Business Continuity
Non-Solicitation
Amendments
Third-Party Rights
Anti-Corruption
Export Control
Marketing Rights
Relationship of Parties
Recitals
Definitions
Service Provision
Subscription Terms
License Grant
Service Levels
Support Services
Customer Obligations
Provider Obligations
Fees and Payment
Invoicing
Data Protection
Data Security
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Duration
Termination
Exit Management
Audit Rights
Service Suspension
Change Management
Assignment
Subcontracting
Notice Requirements
Governing Law
Dispute Resolution
Entire Agreement
Severability
Order of Precedence
Compliance with Laws
Insurance
Service Credits
Acceptance Testing
Implementation
Training
Documentation
Maintenance
Security Requirements
Disaster Recovery
Business Continuity
Non-Solicitation
Amendments
Third-Party Rights
Anti-Corruption
Export Control
Marketing Rights
Relationship of Parties
Relevant Industries
Information Technology
Software as a Service
Cloud Computing
Professional Services
Telecommunications
Digital Media
Healthcare Technology
Financial Technology
Educational Technology
Industrial Technology
Manufacturing
Retail Technology
Business Services
Consulting Services
Relevant Teams
Legal
Procurement
Information Technology
Finance
Sales
Compliance
Operations
Service Delivery
Commercial
Risk Management
Information Security
Data Protection
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Chief Technology Officer
IT Director
Chief Information Officer
Chief Financial Officer
Sales Director
Account Executive
Business Development Manager
Compliance Officer
Data Protection Officer
Operations Manager
Service Delivery Manager
Project Manager
Commercial Director
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