The Software Master Services Agreement serves as the primary contractual framework for ongoing software service relationships between providers and their customers in Malta. This document is essential when establishing long-term software service arrangements, particularly in Malta's growing technology sector where clear governance of digital services is crucial. It addresses key aspects required under Maltese law and EU regulations, including GDPR compliance, electronic commerce requirements, and consumer protection provisions where applicable. The agreement is designed to provide comprehensive coverage of service terms, performance standards, data protection, intellectual property rights, and risk allocation, while maintaining flexibility through work orders or statements of work for specific services. It is particularly relevant for technology companies operating under Malta's progressive digital economy framework and needs to align with both local legislation and EU directives.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Services: Overview of software services to be provided
5. Service Provider Obligations: Core obligations and responsibilities of the service provider
6. Customer Obligations: Core obligations and responsibilities of the customer
7. Ordering Process: Process for requesting and confirming specific services
8. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
9. Data Protection and Security: GDPR compliance and data security requirements
10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
11. Confidentiality: Protection and handling of confidential information
12. Warranties and Representations: Standard warranties regarding services and capacity to contract
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Term and Termination: Duration, renewal, and termination provisions
15. Force Majeure: Handling of events beyond reasonable control
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
17. Governing Law and Jurisdiction: Maltese law governance and dispute resolution procedures
1. Service Levels: Detailed service level agreements and performance metrics - include when specific performance standards are required
2. Disaster Recovery: Disaster recovery and business continuity provisions - include for critical services
3. Staff and Personnel: Requirements for service provider personnel - include when on-site services or specific qualifications are needed
4. Insurance: Insurance requirements - include for high-value or high-risk services
5. Change Control: Process for managing changes to services - include for complex or long-term arrangements
6. Exit Management: Detailed exit and transition provisions - include for business-critical services
7. Anti-Bribery and Corruption: Specific anti-corruption provisions - include for public sector or regulated customers
8. Source Code Escrow: Source code escrow arrangements - include when customer requires access to source code
9. Audit Rights: Customer audit rights - include for regulated industries or when handling sensitive data
1. Schedule 1 - Services Description: Detailed description of software services and technical specifications
2. Schedule 2 - Service Levels: Detailed service levels, KPIs, and measurement methods
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Security Requirements: Detailed security protocols and requirements
6. Schedule 6 - Support Services: Support and maintenance service details
7. Schedule 7 - Implementation Plan: Project plan and implementation milestones
8. Appendix A - Approved Subcontractors: List of approved subcontractors and their roles
9. Appendix B - Technical Requirements: Detailed technical specifications and requirements
10. Appendix C - Form of Work Order: Template for individual work orders under the master agreement
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliate
Agreement
Applicable Law
Authorized Users
Background IP
Business Day
Change Control Procedure
Charges
Confidential Information
Customer
Customer Data
Customer Materials
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Implementation Plan
Initial Term
Intellectual Property Rights
Key Personnel
Maintenance Services
Material Breach
Milestones
Personal Data
Professional Services
Project
Service Credits
Service Levels
Services
Software
Source Code
Specifications
Statement of Work
Support Services
Term
Third-Party Software
Updates
Upgrades
User Acceptance Testing
Virus
Work Order
Working Hours
Acceptance Tests
Affiliate
Agreement
Applicable Law
Authorized Users
Background IP
Business Day
Change Control Procedure
Charges
Confidential Information
Customer
Customer Data
Customer Materials
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Implementation Plan
Initial Term
Intellectual Property Rights
Key Personnel
Maintenance Services
Material Breach
Milestones
Personal Data
Professional Services
Project
Service Credits
Service Levels
Services
Software
Source Code
Specifications
Statement of Work
Support Services
Term
Third-Party Software
Updates
Upgrades
User Acceptance Testing
Virus
Work Order
Working Hours
Clauses
Service Provision
Performance Standards
Acceptance Testing
Service Levels
Payment Terms
Invoicing
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Change Control
Personnel
Subcontracting
Audit Rights
Compliance
Insurance
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Anti-Corruption
Export Control
Business Continuity
Disaster Recovery
Exit Management
Performance Standards
Acceptance Testing
Service Levels
Payment Terms
Invoicing
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Change Control
Personnel
Subcontracting
Audit Rights
Compliance
Insurance
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Anti-Corruption
Export Control
Business Continuity
Disaster Recovery
Exit Management
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Government
Telecommunications
E-commerce
Banking
Insurance
Gaming and Entertainment
Logistics
Hospitality
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Operations
Commercial
Risk Management
Software Development
Project Management
Account Management
Business Development
Technical Operations
Data Protection
Vendor Management
Relevant Roles
Chief Technology Officer
Chief Information Officer
Head of Legal
IT Director
Software Development Manager
Procurement Manager
Contract Manager
Legal Counsel
Data Protection Officer
IT Project Manager
Commercial Director
Chief Operations Officer
Risk Manager
Compliance Officer
Business Development Manager
Account Manager
Technical Operations Manager
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