The Managed Services Agreement is essential for businesses operating in Malta who are either providing or receiving ongoing managed services. This document is particularly relevant in today's business environment where companies increasingly outsource key operational functions to specialized service providers. The agreement, governed by Maltese law and compliant with EU regulations, establishes a comprehensive framework for service delivery, including detailed service levels, performance metrics, pricing structures, and risk allocation. It addresses critical aspects such as data protection, confidentiality, intellectual property rights, and regulatory compliance, while providing flexibility to accommodate specific service requirements and industry standards. This type of agreement is particularly important given Malta's position as a hub for technology, financial services, and gaming industries, where managed services are commonly utilized.
Managed Services Agreement for Malta
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Key Requirements PROMPT example:
Managed Services Agreement
"I need a Managed Services Agreement for my IT company to provide cloud infrastructure and cybersecurity services to a financial services client in Malta, with strict data protection requirements and service level commitments."
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1. Parties: Identification and details of the service provider and client
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. Services: Detailed description of the services to be provided and service delivery requirements
5. Service Levels: Performance standards, KPIs, and measurement criteria
6. Term and Termination: Duration of the agreement, renewal terms, and termination rights
7. Charges and Payment: Fee structure, payment terms, and invoicing procedures
8. Provider Obligations: Key responsibilities and commitments of the service provider
9. Client Obligations: Key responsibilities and commitments of the client
10. Data Protection: GDPR compliance and data processing obligations
11. Confidentiality: Protection of confidential information and trade secrets
12. Intellectual Property: Ownership and licensing of IP rights
13. Liability and Indemnities: Limitation of liability and indemnification provisions
14. Force Majeure: Events beyond parties' control and their consequences
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Change Control: Procedures for requesting and implementing changes to services - include for complex service arrangements
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
3. Transition and Exit: Handover and exit management procedures - include for complex or critical services
4. Compliance and Audit: Regulatory compliance and audit rights - include for regulated industries
5. Security Requirements: Specific security protocols and requirements - include for IT or sensitive data services
6. Staff and Key Personnel: Requirements for service provider personnel - include when specific expertise is crucial
7. Insurance: Specific insurance requirements - include for high-risk services
8. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for public sector or high-risk jurisdictions
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Service Levels and KPIs: Detailed service level requirements and measurement criteria
3. Schedule 3 - Charges: Detailed pricing, payment structure, and rate cards
4. Schedule 4 - Client Dependencies: Detailed list of client-provided resources and requirements
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Technical Requirements: Technical specifications and requirements
7. Schedule 7 - Service Management: Governance structure and service management procedures
8. Schedule 8 - Business Continuity Plan: Detailed business continuity and disaster recovery procedures
9. Appendix A - Key Personnel: List of key personnel from both parties
10. Appendix B - Approved Subcontractors: List of approved subcontractors and their roles
Authors
Relevant legal definitions
Acceptance Criteria
Affiliate
Agreement
Applicable Law
Business Day
Business Hours
Change Control Procedure
Charges
Client
Client Data
Client Dependencies
Client Materials
Commencement Date
Confidential Information
Control
Data Protection Laws
Deliverables
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
KPIs
Losses
Maintenance Window
Malicious Code
Material Breach
Milestones
Personal Data
Personnel
Planned Maintenance
Project Plan
Related Agreements
Relief Events
Reports
Service Credits
Service Levels
Services
Service Provider
Service Provider System
Service Recipient
Service Requirements
Sites
Software
Specification
Subcontractor
Term
Third Party Materials
Transition Period
Transition Plan
Working Hours
Affiliate
Agreement
Applicable Law
Business Day
Business Hours
Change Control Procedure
Charges
Client
Client Data
Client Dependencies
Client Materials
Commencement Date
Confidential Information
Control
Data Protection Laws
Deliverables
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
KPIs
Losses
Maintenance Window
Malicious Code
Material Breach
Milestones
Personal Data
Personnel
Planned Maintenance
Project Plan
Related Agreements
Relief Events
Reports
Service Credits
Service Levels
Services
Service Provider
Service Provider System
Service Recipient
Service Requirements
Sites
Software
Specification
Subcontractor
Term
Third Party Materials
Transition Period
Transition Plan
Working Hours
Clauses
Services
Service Levels
Charges
Invoicing
Payment
Performance Monitoring
Governance
Data Protection
Data Security
Confidentiality
Intellectual Property
Personnel
Subcontracting
Change Control
Force Majeure
Term
Termination
Suspension
Step-in Rights
Exit Management
Transition Services
Business Continuity
Disaster Recovery
Audit Rights
Compliance
Anti-Bribery
Insurance
Liability
Indemnification
Warranties
Client Obligations
Provider Obligations
Risk Allocation
Dispute Resolution
Notice
Assignment
Variation
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Service Levels
Charges
Invoicing
Payment
Performance Monitoring
Governance
Data Protection
Data Security
Confidentiality
Intellectual Property
Personnel
Subcontracting
Change Control
Force Majeure
Term
Termination
Suspension
Step-in Rights
Exit Management
Transition Services
Business Continuity
Disaster Recovery
Audit Rights
Compliance
Anti-Bribery
Insurance
Liability
Indemnification
Warranties
Client Obligations
Provider Obligations
Risk Allocation
Dispute Resolution
Notice
Assignment
Variation
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Relevant Industries
Information Technology
Financial Services
Professional Services
Telecommunications
Healthcare
Gaming and iGaming
Cloud Services
Cybersecurity
Business Process Outsourcing
Digital Services
Manufacturing
Retail
Relevant Teams
Legal
Procurement
Information Technology
Operations
Compliance
Risk Management
Commercial
Finance
Business Development
Project Management
Service Delivery
Vendor Management
Relevant Roles
Chief Technology Officer
Chief Information Officer
Head of Procurement
Legal Counsel
Compliance Officer
Operations Director
Service Delivery Manager
Commercial Director
Risk Manager
IT Director
Procurement Manager
Contract Manager
Business Development Manager
Account Manager
Project Manager
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