The Master Subscription Agreement is designed for businesses providing recurring services or access to software/platforms under Maltese jurisdiction. This agreement type is essential for companies offering subscription-based products or services, establishing the fundamental legal framework for long-term service provision relationships. It addresses critical aspects including service levels, data protection, payment terms, and usage rights, while ensuring compliance with both Maltese law and EU regulations such as GDPR. The document is particularly relevant for technology companies, SaaS providers, and digital service providers operating in or from Malta, incorporating specific local legal requirements while maintaining international business standards.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of the subscription services being provided
3. Definitions: Defined terms used throughout the agreement
4. Subscription Services: Detailed description of services provided, access rights, and service levels
5. Term and Renewal: Initial term, renewal conditions, and termination provisions
6. Fees and Payment: Pricing, payment terms, billing cycles, and late payment consequences
7. Service Provider Obligations: Core obligations, service delivery standards, and support commitments
8. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
9. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy obligations
10. Intellectual Property Rights: Ownership of IP, license grants, and restrictions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service provider warranties and statutory disclaimers
13. Limitation of Liability: Liability caps and exclusions compliant with Maltese law
14. Indemnification: Mutual indemnification obligations and procedures
15. Force Majeure: Events beyond reasonable control and their handling
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
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. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
4. Security Requirements: Include when handling sensitive data or requiring specific security protocols
5. Export Control: Include when services may involve cross-border data transfers or technology export
6. Insurance: Include when specific insurance coverage needs to be maintained
7. Change Control: Include when formal processes for service modifications are required
8. Audit Rights: Include when customer requires rights to audit service provider's compliance or security measures
1. Schedule A - Service Description: Detailed technical specifications and scope of subscription services
2. Schedule B - Service Levels: Performance metrics, measurement methods, and service credits
3. Schedule C - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing tiers
4. Schedule D - Support Services: Support level descriptions, response times, and escalation procedures
5. Schedule E - Data Processing Agreement: Detailed GDPR-compliant data processing terms and requirements
6. Schedule F - Security Requirements: Security standards, protocols, and compliance requirements
7. Schedule G - Implementation Plan: Timeline and milestones for service implementation if applicable
8. Appendix 1 - Authorized Users: Template for listing authorized users and access levels
9. Appendix 2 - Technical Requirements: Customer system requirements and technical prerequisites
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