The Administrative Services Agreement is essential for businesses operating in Malta that seek to outsource their administrative functions or provide such services to others. This document is particularly relevant in Malta's growing business services sector, where many international companies establish operations and require local administrative support. The agreement covers all aspects of the service relationship, from basic administrative tasks to complex back-office operations, ensuring compliance with Maltese law, including the Civil Code, Data Protection Act, and relevant regulatory requirements. It's commonly used when companies need to formalize arrangements for services such as office administration, secretarial support, document management, or general business administration services.
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1. Parties: Identification of the service provider and client, including registration details and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of administrative services to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Key responsibilities and commitments of the client
8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
9. Service Levels: Performance standards and metrics for service delivery
10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection
11. Confidentiality: Provisions for handling confidential information
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Force Majeure: Provisions for handling events beyond parties' control
14. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Insurance: Requirements for professional indemnity and other relevant insurance coverage - include if high-value services are involved
2. Intellectual Property: IP rights and ownership provisions - include if services involve creation or use of intellectual property
3. Non-Competition: Restrictions on competitive activities - include if sharing sensitive business information
4. Staff and Subcontractors: Provisions regarding personnel and subcontracting - include if services require specific personnel or subcontractors
5. Transition Services: Procedures for handover at termination - include if services are complex or business-critical
6. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include if dealing with public sector or high-risk jurisdictions
7. Business Continuity: Disaster recovery and business continuity requirements - include if services are critical to operations
1. Schedule 1 - Services Description: Detailed specification of administrative services to be provided
2. Schedule 2 - Service Levels: Detailed performance metrics and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Schedule 4 - Key Personnel: List of key staff members and their roles
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6 - Contact Details: Key contacts and notice details for both parties
7. Appendix A - Service Request Form: Template for requesting additional or modified services
8. Appendix B - Reports: Templates and specifications for required service reports
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