Intercompany Service Agreement for Malta
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Intercompany Service Agreement
"I need an Intercompany Service Agreement for our Malta-based fintech parent company to provide IT infrastructure and support services to our three subsidiary companies, with specific provisions for data protection and cybersecurity compliance."
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1. Parties: Identification of the service provider and service recipient companies, including registration details and registered offices
2. Background: Context of the agreement, relationship between the parties, and general purpose of the arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Detailed description of services to be provided, service levels, and delivery requirements
5. Fees and Payment Terms: Service fees, calculation methodology, payment schedule, and invoicing requirements
6. Duration and Termination: Term of the agreement, renewal provisions, and termination rights
7. Obligations of the Service Provider: Key responsibilities and commitments of the providing company
8. Obligations of the Service Recipient: Key responsibilities and commitments of the receiving company
9. Intellectual Property Rights: Ownership and usage rights of IP created or used in providing services
10. Confidentiality: Protection of confidential information exchanged between parties
11. Data Protection: GDPR compliance and data handling requirements
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Personnel and Secondment: Used when services involve staff secondment or shared employees between companies
2. Quality Standards: Include when specific quality metrics or standards must be maintained
3. Audit Rights: Important when regular auditing of services or costs is required
4. Insurance: Include when specific insurance coverage is required for services
5. Anti-Corruption and Compliance: Add for international group arrangements or regulated industries
6. Change Control: Include when services may need frequent modification or adjustment
7. Business Continuity: Important for critical services or regulated industries
8. Exit Management: Include when complex transition arrangements may be needed upon termination
1. Schedule 1 - Services Description: Detailed specification of services, including scope, deliverables, and exclusions
2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and service level requirements
3. Schedule 3 - Fees and Calculations: Detailed fee structure, cost allocation methodology, and transfer pricing documentation
4. Schedule 4 - Key Personnel: List of key staff involved in service delivery and their roles
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and requirements
6. Appendix A - Contact Details: Key contacts for both parties for various aspects of the agreement
7. Appendix B - Group Company List: List of all group companies covered by or potentially participating in the agreement
Authors
Agreement
Applicable Law
Business Day
Change Control
Charges
Commencement Date
Confidential Information
Control
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Group
Group Company
Intellectual Property Rights
Key Performance Indicators
Material Breach
Parent Company
Personal Data
Service Credits
Service Levels
Services
Service Provider
Service Recipient
Subsidiary
Term
Territory
Third Party
Transfer Pricing Requirements
VAT
Working Hours
Services Scope
Service Levels
Fees and Payments
Term and Termination
Obligations
Performance Standards
Quality Assurance
Staff and Resources
Intellectual Property
Confidentiality
Data Protection
Transfer Pricing
Regulatory Compliance
Records and Audit
Liability and Indemnification
Force Majeure
Insurance
Assignment and Subcontracting
Variation
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Anti-Corruption
Business Continuity
Exit Management
Financial Services
Technology
Manufacturing
Professional Services
Pharmaceutical
Gaming and iGaming
Maritime
Healthcare
Retail and Consumer Goods
Real Estate and Property Management
Telecommunications
Energy and Utilities
Legal
Finance
Tax
Compliance
Operations
Corporate Governance
Risk Management
Procurement
Treasury
Internal Audit
Chief Financial Officer
Legal Counsel
Head of Tax
Group Financial Controller
Compliance Officer
Company Secretary
Operations Director
Chief Executive Officer
Commercial Director
Head of Procurement
Financial Director
Risk Manager
Transfer Pricing Specialist
Group Accountant
Corporate Governance Officer
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