This Outsourcing Service Level Agreement is designed for use in Malaysian business contexts where organizations seek to formalize their outsourcing arrangements with service providers. It is particularly relevant in scenarios where businesses need to establish clear performance metrics, service standards, and operational procedures while ensuring compliance with Malaysian regulations, including the Personal Data Protection Act 2010, Employment Act 1955, and other relevant legislation. The document addresses key aspects such as service delivery standards, performance measurement, pricing structures, data protection, intellectual property rights, and risk allocation. It includes comprehensive provisions for both routine operations and exceptional circumstances, making it suitable for various types of outsourcing arrangements from IT services to business process outsourcing.
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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 services to be provided
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Scope of Services: Detailed description of services to be provided, including core obligations and deliverables
5. Term and Renewal: Duration of the agreement, including commencement date and renewal provisions
6. Service Levels: Specific performance metrics, measurement methods, and reporting requirements
7. Charges and Payment: Pricing structure, payment terms, invoicing procedures, and any penalties or incentives
8. Service Provider Obligations: Key responsibilities and commitments of the service provider
9. Customer Obligations: Requirements and responsibilities of the customer
10. Data Protection and Security: Compliance with PDPA and security requirements for data handling
11. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnities: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for handling events beyond reasonable control
15. Termination: Grounds for termination, notice periods, and consequences
16. Exit Management: Procedures for service transition upon contract end
17. Governing Law and Dispute Resolution: Malaysian law as governing law and dispute resolution procedures
1. Change Control: Procedures for managing changes to services or agreement terms - needed for complex or long-term arrangements
2. Business Continuity: Disaster recovery and business continuity requirements - important for critical services
3. Environmental Compliance: Environmental protection obligations - relevant for services with environmental impact
4. Anti-Corruption Compliance: Specific anti-corruption provisions - important for government or high-risk contracts
5. Insurance: Specific insurance requirements - needed for high-risk services
6. Personnel and Key Personnel: Requirements for service provider staff - important when specific expertise is crucial
7. Subcontracting: Rules for engaging subcontractors - needed if subcontracting is permitted
8. Audit Rights: Customer's rights to audit service provider - important for regulated industries
1. Schedule 1 - Service Descriptions: Detailed technical and operational specifications of services
2. Schedule 2 - Service Levels and KPIs: Detailed metrics, measurement methods, and reporting requirements
3. Schedule 3 - Charges: Detailed pricing structure, including rate cards and calculation methods
4. Schedule 4 - Customer Dependencies: Detailed list of customer-provided resources and requirements
5. Schedule 5 - Security Requirements: Detailed security protocols and compliance requirements
6. Schedule 6 - Data Processing Agreement: Specific terms for personal data handling under PDPA
7. Schedule 7 - Business Continuity Plan: Detailed procedures for service continuity and disaster recovery
8. Schedule 8 - Exit Plan: Detailed procedures for service transition upon contract termination
9. Appendix A - Escalation Matrix: Contact details and procedures for issue escalation
10. Appendix B - Report Templates: Standard formats for performance and service reporting
Relevant legal definitions
Acceptance Criteria
Agreement
Business Day
Charges
Confidential Information
Contract Year
Customer
Customer Data
Customer Materials
Data Protection Laws
Deliverables
Disaster Recovery Plan
Effective Date
Exit Plan
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Malaysian Law
Material Breach
Minimum Performance Standards
Notice
Personal Data
Quality Standards
Regulatory Requirements
Reports
Security Requirements
Service Credits
Service Hours
Service Levels
Service Provider
Services
Service Location
Software
Specifications
Subcontractor
Term
Termination Date
Third Party
Working Hours
Agreement
Business Day
Charges
Confidential Information
Contract Year
Customer
Customer Data
Customer Materials
Data Protection Laws
Deliverables
Disaster Recovery Plan
Effective Date
Exit Plan
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Malaysian Law
Material Breach
Minimum Performance Standards
Notice
Personal Data
Quality Standards
Regulatory Requirements
Reports
Security Requirements
Service Credits
Service Hours
Service Levels
Service Provider
Services
Service Location
Software
Specifications
Subcontractor
Term
Termination Date
Third Party
Working Hours
Clauses
Interpretation
Definitions
Service Provision
Service Levels
Performance Monitoring
Charges
Invoicing
Payment
Data Protection
Security
Confidentiality
Intellectual Property
Personnel
Subcontracting
Warranties
Indemnification
Liability
Insurance
Force Majeure
Change Control
Dispute Resolution
Termination
Exit Management
Assignment
Notices
Entire Agreement
Severability
Governing Law
Jurisdiction
Anti-Corruption
Compliance
Business Continuity
Audit Rights
Definitions
Service Provision
Service Levels
Performance Monitoring
Charges
Invoicing
Payment
Data Protection
Security
Confidentiality
Intellectual Property
Personnel
Subcontracting
Warranties
Indemnification
Liability
Insurance
Force Majeure
Change Control
Dispute Resolution
Termination
Exit Management
Assignment
Notices
Entire Agreement
Severability
Governing Law
Jurisdiction
Anti-Corruption
Compliance
Business Continuity
Audit Rights
Relevant Industries
Information Technology
Business Process Outsourcing
Manufacturing
Financial Services
Healthcare
Telecommunications
Logistics and Supply Chain
Professional Services
Retail
Education
Relevant Teams
Legal
Information Technology
Procurement
Operations
Finance
Compliance
Risk Management
Vendor Management
Data Protection
Service Delivery
Relevant Roles
Chief Information Officer
Procurement Manager
Legal Counsel
Operations Director
IT Manager
Compliance Officer
Risk Manager
Contract Manager
Chief Financial Officer
Vendor Management Specialist
Data Protection Officer
Service Delivery Manager
Chief Technology Officer
Business Unit Head
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