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Global Master Service Agreement

Global Master Service Agreement Template for Philippines

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Key Requirements PROMPT example:

Global Master Service Agreement

"I need a Global Master Service Agreement under Philippine law for providing IT infrastructure and cloud services to multiple international clients, with particular emphasis on data protection and service level commitments, to be implemented by March 2025."

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Document background
The Global Master Service Agreement (GMSA) is designed for situations where parties seek to establish a comprehensive framework for service delivery across multiple jurisdictions while maintaining Philippine law as the governing law. This document is particularly useful when a service provider or recipient has operations in multiple countries but wants to centralize their contractual relationship under a single master agreement. The GMSA includes essential provisions required under Philippine law while incorporating international best practices for service delivery, data protection, and risk management. It serves as the foundation document from which local country agreements can be created, ensuring consistency in fundamental terms while allowing flexibility for local legal requirements. The agreement is structured to comply with Philippine regulations including the Civil Code, E-commerce Act, Data Privacy Act, and other relevant legislation, making it suitable for both domestic and international service arrangements.
Suggested Sections

1. Parties: Identification of contracting parties, including registered addresses and company details

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Services: General framework for services to be provided under the agreement

5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

6. Ordering Process: Procedure for requesting and accepting services under the agreement

7. Charges and Payment: Pricing principles, payment terms, and invoicing requirements

8. Service Levels: General principles for service quality and performance standards

9. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: Compliance with data privacy laws and data handling requirements

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Force Majeure: Provisions for handling events beyond parties' reasonable control

14. Governing Law and Jurisdiction: Application of Philippine law and dispute resolution mechanisms

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Insurance: Required when services involve significant operational risks or regulatory requirements

2. Compliance with Anti-Corruption Laws: Required for international agreements or when dealing with government entities

3. Export Control: Needed when services involve cross-border technology transfer or restricted items

4. Business Continuity: Important for critical services or when required by regulatory obligations

5. Personnel and Subcontracting: Required when service delivery involves key personnel or subcontractors

6. Environmental Compliance: Needed for services with environmental impact or sustainability requirements

7. Security Requirements: Important when services involve access to sensitive systems or facilities

8. Change Control: Required for complex services likely to need adaptation over time

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed specifications of services offered under the agreement

2. Schedule 2 - Pricing and Payment Terms: Detailed pricing structure, rates, and payment conditions

3. Schedule 3 - Service Levels and KPIs: Specific service level agreements, metrics, and measurement methods

4. Schedule 4 - Governance and Reporting: Management structure, meeting schedules, and reporting requirements

5. Schedule 5 - Technical Requirements: Technical specifications and standards for service delivery

6. Schedule 6 - Data Processing Agreement: Detailed terms for handling personal data in compliance with privacy laws

7. Schedule 7 - Business Continuity and Disaster Recovery: Detailed procedures for ensuring service continuity

8. Schedule 8 - Form of Local Country Agreement: Template for country-specific agreements under the master agreement

9. Appendix A - Contact Details: Key contacts and escalation procedures

10. Appendix B - Approved Subcontractors: List of pre-approved subcontractors and their roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Background IP
Business Day
Charges
Confidential Information
Contract Year
Control
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Foreground IP
Good Industry Practice
Governing Law
Group
Initial Term
Intellectual Property Rights
Key Personnel
Local Country Agreement
Local Entity
Material Breach
Parent Company
Personal Data
Purchase Order
Recipient
Representatives
Renewal Term
Service Credits
Service Levels
Services
Service Provider
Service Recipient
Specifications
Statement of Work
Subcontractor
Term
Territory
Third Party
Working Hours
Change Control
Dispute Resolution Procedure
Documentation
Emergency
Insolvency Event
Loss
Notice
Performance Standards
Quality Standards
Regulatory Requirements
Related Services
Schedule
Security Requirements
Service Commencement Date
Service Failure
Service Location
Software
System
Technical Requirements
Term Sheet
Termination Date
User
Warranties
Clauses
Interpretation
Definitions
Services Scope
Term and Duration
Service Standards
Performance Obligations
Ordering Process
Acceptance Testing
Service Levels
Key Performance Indicators
Pricing
Invoicing
Payment Terms
Personnel Requirements
Subcontracting
Intellectual Property Rights
Data Protection
Confidentiality
Security Requirements
Audit Rights
Insurance
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination Rights
Exit Management
Change Control
Dispute Resolution
Governing Law
Assignment and Novation
Anti-Corruption
Competition Law
Export Control
Data Privacy
Business Continuity
Disaster Recovery
Notice Requirements
Amendment Process
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Electronic Execution
Language Requirements
Local Law Compliance
Environmental Compliance
Health and Safety
Labor Standards
Quality Management
Regulatory Compliance
Relevant Industries

Information Technology

Business Process Outsourcing

Professional Services

Consulting

Manufacturing

Financial Services

Telecommunications

Healthcare

Logistics and Supply Chain

Energy and Utilities

Retail and Consumer Services

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Compliance

Risk Management

Business Development

Vendor Management

International Business

Strategic Sourcing

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Commercial Director

Procurement Manager

Contract Manager

Chief Operations Officer

Business Development Director

Compliance Officer

Risk Manager

Chief Financial Officer

Head of Global Services

International Business Manager

Strategic Sourcing Manager

Vendor Management Director

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary legislation governing contracts, obligations, and general civil law matters in the Philippines. Particularly relevant are Book IV on Obligations and Contracts.
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic transactions and digital signatures, crucial for international service agreements executed electronically.
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and transfer of personal data, essential for service agreements involving data handling across borders.
Labor Code of the Philippines (Presidential Decree No. 442): Relevant for provisions related to service delivery involving Filipino workers or contractors.
National Internal Revenue Code: Governs taxation aspects of services, including VAT on services and withholding tax requirements for international transactions.
Intellectual Property Code (Republic Act No. 8293): Protects intellectual property rights in service deliverables and confidential information.
Foreign Investments Act of 1991 (Republic Act No. 7042): Relevant for understanding restrictions and requirements for foreign entities providing services in the Philippines.
Anti-Money Laundering Act (Republic Act No. 9160): Important for compliance in international financial transactions and payments under the service agreement.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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