The Master Service Agreement (MSA) is designed for use in commercial relationships where one party will provide ongoing services to another under Malaysian law. It establishes the foundational legal and commercial framework that governs the overall service relationship, while allowing for specific service details to be agreed upon through subsequent work orders or statements of work. This approach is particularly valuable for long-term service relationships where services may evolve or expand over time. The MSA addresses key aspects such as service standards, pricing mechanisms, intellectual property rights, confidentiality, liability allocation, and dispute resolution, all within the context of Malaysian legal requirements and business practices.
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1. Parties: Identification of the contracting parties including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Services: General framework for services to be provided under the agreement
5. Service Standards: Required quality levels, performance metrics, and service delivery standards
6. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
7. Fees and Payment: Pricing structure, payment terms, invoicing procedures, and late payment consequences
8. Obligations of Service Provider: Key responsibilities and commitments of the service provider
9. Obligations of Customer: Key responsibilities and commitments of the customer
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with PDPA and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for handling events beyond reasonable control
15. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Insurance: Insurance requirements - include when services involve significant risks or on-site work
2. Compliance with Laws: Specific regulatory compliance obligations - include for heavily regulated industries
3. Security Requirements: IT and physical security requirements - include when handling sensitive data or accessing customer premises
4. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
5. Personnel Requirements: Specific requirements for service provider's personnel - include when services involve deployed staff
6. Anti-Bribery and Corruption: Anti-corruption compliance - include for high-value contracts or government-related services
7. Environmental Compliance: Environmental standards and compliance - include for services with environmental impact
8. Change Control: Process for managing changes to services - include for complex or long-term services
1. Schedule 1 - Service Descriptions: Detailed descriptions of specific services to be provided
2. Schedule 2 - Service Levels: Detailed service level agreements (SLAs) and performance metrics
3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, rates, and payment terms
4. Schedule 4 - Key Personnel: List of key personnel and their roles
5. Schedule 5 - Technical Requirements: Technical specifications and requirements
6. Schedule 6 - Governance and Reporting: Management structure, meeting schedule, and reporting requirements
7. Schedule 7 - Form of Work Order: Template for individual work orders under the MSA
8. Schedule 8 - Exit Plan: Transition and termination assistance requirements
9. Appendix A - Contact Details: Contact information for key representatives and escalation paths
10. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
Relevant legal definitions
Affiliate
Agreement
Background Intellectual Property
Business Day
Charges
Commencement Date
Confidential Information
Customer
Customer Data
Customer Materials
Deliverables
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Laws
Material Breach
Notice
Personal Data
Project Manager
Renewal Term
Representatives
Schedule
Services
Service Levels
Service Provider
Statement of Work
Subcontractor
Term
Territory
Third Party
Work Order
Agreement
Background Intellectual Property
Business Day
Charges
Commencement Date
Confidential Information
Customer
Customer Data
Customer Materials
Deliverables
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Laws
Material Breach
Notice
Personal Data
Project Manager
Renewal Term
Representatives
Schedule
Services
Service Levels
Service Provider
Statement of Work
Subcontractor
Term
Territory
Third Party
Work Order
Clauses
Interpretation
Services
Service Levels
Term
Fees and Payment
Taxes
Performance Standards
Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Security
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Assignment
Change Control
Dispute Resolution
Governing Law
Notices
Anti-Corruption
Entire Agreement
Severability
Relationship of Parties
Third Party Rights
Amendments
Waiver
Counterparts
Services
Service Levels
Term
Fees and Payment
Taxes
Performance Standards
Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Security
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Assignment
Change Control
Dispute Resolution
Governing Law
Notices
Anti-Corruption
Entire Agreement
Severability
Relationship of Parties
Third Party Rights
Amendments
Waiver
Counterparts
Relevant Industries
Information Technology
Business Process Outsourcing
Professional Services
Consulting
Telecommunications
Facilities Management
Engineering Services
Healthcare Services
Financial Services
Manufacturing
Logistics and Supply Chain
Education and Training
Relevant Teams
Legal
Procurement
Commercial
Operations
Finance
Project Management
Account Management
Business Development
Risk and Compliance
Service Delivery
Relevant Roles
Chief Legal Officer
Legal Counsel
Contract Manager
Procurement Manager
Commercial Director
Operations Director
Chief Financial Officer
Project Manager
Account Manager
Business Development Manager
Risk Manager
Compliance Officer
Service Delivery Manager
Chief Executive Officer
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