The Master Service Agreement for IT Services is designed for situations where an IT service provider will deliver various technology services to a client organization over an extended period. This agreement, governed by Maltese law, serves as the primary contract that establishes the fundamental terms and conditions governing the relationship, while allowing for specific services to be defined and ordered through separate work orders or statements of work. It addresses critical aspects including service delivery, performance standards, data protection, intellectual property rights, liability allocation, and operational governance. The document is particularly relevant in Malta's growing technology sector and must comply with both local Maltese legislation and broader EU regulations, especially regarding data protection and digital services. This type of agreement is essential for businesses seeking to establish long-term IT service relationships while maintaining clear contractual frameworks and regulatory compliance.
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1. Parties: Identifies the contracting parties with full legal names and registered addresses
2. Background: Sets out the context of the agreement and general intentions of the parties
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Outlines the general framework for services to be provided under the agreement
5. Service Provider Obligations: Details the core obligations and responsibilities of the service provider
6. Customer Obligations: Specifies the customer's responsibilities and obligations
7. Change Control: Process for managing changes to services or agreement terms
8. Charges and Payment: Details the fee structure, payment terms, and invoicing process
9. Intellectual Property Rights: Addresses ownership and licensing of IP created or used in service delivery
10. Data Protection and Security: GDPR compliance and data security requirements
11. Confidentiality: Obligations regarding confidential information protection
12. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
13. Term and Termination: Agreement duration, renewal, and termination provisions
14. Force Majeure: Handling of events beyond parties' reasonable control
15. Governance: Contract management, escalation procedures, and reporting requirements
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Personnel: Details about key personnel, vetting requirements, and any secondment arrangements - include when specific staff commitments are crucial
2. Service Credits: Financial compensation mechanism for service level failures - include for services with strict performance requirements
3. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
4. Exit Management: Detailed provisions for service transition upon termination - include for complex or critical services
5. Compliance and Audit: Specific regulatory compliance requirements and audit rights - include for regulated services
6. Insurance: Detailed insurance requirements - include for high-risk services
7. Anti-Bribery and Modern Slavery: Specific compliance provisions - include for international services or when required by customer policy
8. Parent Company Guarantee: Additional financial security provisions - include when service provider's financial strength is a concern
1. Schedule 1 - Services Description: Detailed description of each service to be provided
2. Schedule 2 - Service Levels: Performance metrics, measurement methods, and reporting requirements
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Security Requirements: Detailed security policies and requirements
6. Schedule 6 - Governance Procedures: Detailed procedures for contract management and reporting
7. Schedule 7 - Form of Work Order: Template for ordering specific services under the agreement
8. Schedule 8 - Contact Details and Escalation Matrix: Key contacts and escalation procedures
9. Appendix A - Technical Standards: Required technical standards and specifications
10. Appendix B - Approved Subcontractors: List of pre-approved subcontractors and their scope
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