The Master Services Agreement (MSA) is designed for use in commercial relationships where one party will provide ongoing services to another under Maltese law. This document type is particularly crucial in Malta's service-oriented economy, where businesses frequently engage in long-term service arrangements across various sectors. The MSA Agreement establishes the primary legal framework governing these service relationships, including essential terms such as service delivery, payment conditions, liability limits, and data protection requirements compliant with both Maltese and EU law. It's structured to allow flexibility through work orders while maintaining a consistent legal foundation for the entire service relationship. This agreement type is especially relevant given Malta's position as a hub for financial services, gaming, and technology sectors, where complex service relationships require robust legal frameworks.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Defined terms used throughout the agreement
4. Services: Overview of services to be provided and service delivery framework
5. Term and Termination: Duration of the agreement and termination provisions
6. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Client Obligations: Key responsibilities and commitments of the client
9. Data Protection: GDPR compliance and data handling requirements
10. Intellectual Property Rights: Ownership and licensing of IP created or used in service delivery
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Allocation of risks and limitations of liability
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. Governing Law and Jurisdiction: Confirmation of Maltese law application and dispute resolution
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Change Control: Procedures for managing changes to services or agreement terms - include when services are likely to evolve
2. Service Levels: Performance metrics and service level requirements - include when specific performance standards are crucial
3. Security Requirements: Specific security protocols and requirements - include for technology or sensitive data services
4. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
5. Personnel: Requirements for service provider staff - include when specific qualifications or clearances are needed
6. Insurance: Specific insurance requirements - include for high-risk services
7. Audit Rights: Client's rights to audit service provider - include for regulated industries or critical services
8. Anti-Bribery and Corruption: Specific compliance requirements - include for international services or public sector work
9. Exit Management: Detailed exit and transition provisions - include for complex or business-critical services
1. Schedule 1 - Services Description: Detailed description of services to be provided
2. Schedule 2 - Charges: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed service level agreements and performance metrics
4. Schedule 4 - Contract Managers and Key Personnel: Contact details and key personnel information
5. Schedule 5 - Processing of Personal Data: Details of data processing activities and GDPR compliance
6. Schedule 6 - Form of Work Order: Template for individual work orders under the MSA
7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix A - Technical Requirements: Technical specifications and requirements
9. Appendix B - Security Requirements: Detailed security protocols and standards
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