This Service Agreement template is designed for use in commercial arrangements where services are to be provided under Maltese jurisdiction. It is particularly relevant for businesses operating in or from Malta, incorporating requirements from both Maltese law and EU regulations. The document should be used when establishing a formal service relationship between parties, whether for professional services, consulting, IT services, or other business services. The agreement includes essential provisions required by Maltese law, such as data protection clauses aligned with GDPR, specific service level commitments, payment terms that comply with local commercial regulations, and dispute resolution mechanisms recognized by Maltese courts. The Service Agreement is structured to protect both parties' interests while ensuring compliance with Malta's legal framework and EU directives.

1. Parties: Identifies and provides full legal details of the service provider and service recipient

2. Background: Explains the context and purpose of the agreement, including any relevant business relationship history

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Detailed description of the services to be provided under the agreement

5. Term and Commencement: Specifies the duration of the agreement and when services will begin

6. Payment Terms: Details the fees, payment schedule, invoicing process, and payment methods

7. Service Provider's Obligations: Lists all obligations and responsibilities of the service provider

8. Client's Obligations: Specifies the client's responsibilities and requirements for enabling service delivery

9. Service Levels: Establishes performance standards and metrics for service delivery

10. Intellectual Property Rights: Addresses ownership and usage rights of any IP created or used during service provision

11. Confidentiality: Protects confidential information shared between parties

12. Data Protection: Ensures GDPR compliance and establishes data handling procedures

13. Liability and Indemnification: Sets liability limits and indemnification obligations

14. Termination: Specifies conditions and procedures for ending the agreement

15. Force Majeure: Addresses unforeseeable circumstances preventing contract performance

16. Governing Law and Jurisdiction: Confirms Maltese law governance and jurisdiction for disputes

17. General Provisions: Contains standard boilerplate clauses including notices, amendments, and assignment