Outsourcing Agreement Between Two Companies for Malta
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Outsourcing Agreement Between Two Companies
"I need an Outsourcing Agreement Between Two Companies for an IT services provider based in Malta providing cloud hosting and maintenance services to a financial services company, with specific focus on data protection and security requirements, to be effective from March 1, 2025."
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You keep IP ownership of your information
1. Parties: Identification of the service provider and customer, including registered addresses and company registration numbers
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. Scope of Services: Detailed description of the services to be provided, including service levels and deliverables
5. Term and Termination: Duration of the agreement, renewal terms, and termination rights
6. Payment Terms: Fees, payment schedule, invoicing procedures, and related financial terms
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Customer Obligations: Key responsibilities and commitments of the customer
9. Data Protection and Security: GDPR compliance measures and data security requirements
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. Force Majeure: Provisions for handling events beyond reasonable control
14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Personnel and Key Staff: Required when specific personnel are critical to service delivery or when staff transfer is involved
2. Change Control: Needed for complex services where scope changes are likely to be required
3. Business Continuity and Disaster Recovery: Important for critical services or when required by regulatory obligations
4. Step-in Rights: Include when services are business-critical and customer may need to take over
5. Anti-Bribery and Corruption: Required when dealing with public sector or regulated industries
6. Environmental and Social Responsibility: Include when aligned with corporate policies or industry requirements
7. Subcontracting: Needed when service provider may use subcontractors
8. Export Control: Required when services involve cross-border data or technology transfer
1. Schedule 1 - Services Description: Detailed technical and operational specifications of services
2. Schedule 2 - Service Levels: Performance metrics, measurement methods, and remedies for failure
3. Schedule 3 - Charges and Payment: Detailed pricing structure, payment terms, and rate cards
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and security requirements
5. Schedule 5 - Business Continuity Plan: Disaster recovery and business continuity procedures
6. Schedule 6 - Exit Plan: Transition assistance and knowledge transfer requirements
7. Schedule 7 - Key Personnel: List of key staff and their roles
8. Appendix A - Form of Change Order: Template for documenting and approving changes to services
9. Appendix B - Security Policies: Detailed security requirements and procedures
Authors
Affiliate
Agreement
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Customer
Customer Data
Customer Materials
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Dispute Resolution Procedure
Documentation
Effective Date
Exit Plan
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Notice
Personal Data
Processing
Project Manager
Regulatory Requirements
Related Agreements
Representatives
Service Credits
Service Levels
Services
Service Provider
Service Provider Personnel
Service Provider Systems
Service Recipient
Specifications
Staff
Subcontractor
Term
Termination Date
Third Party
Transition Period
Transition Services
Working Hours
Appointment
Term
Services
Service Levels
Customer Obligations
Service Provider Obligations
Charges and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Personnel
Subcontracting
Change Control
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Business Continuity
Termination
Exit Management
Non-Solicitation
Anti-Bribery
Notices
Assignment
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Announcements
Counterparts
Governing Law
Dispute Resolution
Information Technology
Financial Services
Gaming and iGaming
Professional Services
Business Process Outsourcing
Healthcare
Manufacturing
Telecommunications
Maritime Services
Aviation Services
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Information Technology
Vendor Management
Project Management
Commercial
Data Protection
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
General Counsel
Head of Procurement
Commercial Director
Operations Manager
Procurement Manager
Contract Manager
Legal Counsel
Compliance Officer
Risk Manager
Project Manager
Vendor Manager
Service Delivery Manager
Chief Information Officer
Chief Technology Officer
Data Protection Officer
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