The Project Commission Agreement serves as a fundamental legal instrument for structuring project-based relationships between commissioning clients and contractors under Maltese law. This document is essential when engaging external contractors or service providers for specific, defined projects where clear deliverables, timelines, and payment terms need to be established. It incorporates key elements required by Maltese civil law and relevant EU regulations, providing comprehensive coverage of intellectual property rights, confidentiality, liability, and data protection considerations. The agreement is particularly valuable for projects requiring detailed specification of deliverables, quality standards, and acceptance criteria, while offering flexibility to accommodate various project types and scales. Whether used for technology implementations, creative services, consulting projects, or other professional services, the Project Commission Agreement ensures both parties have a clear understanding of their rights, obligations, and the project's parameters.
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1. Parties: Identification and details of the commissioning party (client) and the commissioned party (contractor)
2. Background: Context of the agreement and brief description of the project requirements
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the project deliverables, objectives, and requirements
5. Project Timeline: Key dates, milestones, and delivery schedule
6. Payment Terms: Fee structure, payment schedule, invoicing requirements, and payment methods
7. Obligations of the Contractor: Responsibilities and commitments of the commissioned party
8. Obligations of the Client: Responsibilities and commitments of the commissioning party
9. Intellectual Property Rights: Ownership and usage rights of project deliverables and pre-existing IP
10. Confidentiality: Protection and handling of confidential information
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Warranties and Representations: Guarantees provided by both parties regarding their capacity and project delivery
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances affecting project delivery
15. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Data Protection: Required if the project involves processing personal data, outlining GDPR compliance measures
2. Non-Compete: Optional restrictions on the contractor's ability to work with competitors
3. Insurance: Required insurance coverage, particularly relevant for high-value or high-risk projects
4. Change Management: Procedures for handling scope changes and additional requirements
5. Acceptance Testing: Procedures for testing and accepting deliverables, relevant for technical projects
6. Service Levels: Performance metrics and standards, particularly relevant for ongoing services
7. Subcontracting: Terms governing the use of subcontractors, if permitted
8. Exit Management: Procedures for project handover or transition at termination
1. Schedule 1 - Project Specification: Detailed technical specifications and requirements of the project
2. Schedule 2 - Deliverables and Milestones: Specific list of deliverables and associated completion dates
3. Schedule 3 - Payment Schedule: Detailed breakdown of fees, payment milestones, and payment amounts
4. Schedule 4 - Key Personnel: List of key team members and their roles/responsibilities
5. Schedule 5 - Service Levels: Detailed performance metrics and measurement criteria
6. Appendix A - Change Request Template: Standard form for requesting and documenting project changes
7. Appendix B - Acceptance Test Criteria: Detailed criteria for accepting project deliverables
8. Appendix C - Required Insurance Coverage: Specific insurance requirements and coverage levels
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