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IT Master Services Agreement

IT Master Services Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

IT Master Services Agreement

"I need an IT Master Services Agreement under Saudi Arabian law for a cloud service provider delivering SaaS solutions to a government healthcare organization, with specific emphasis on data localization requirements and HIPAA-equivalent security standards."

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Document background
The IT Master Services Agreement is designed for use in the Saudi Arabian market where organizations are increasingly seeking to digitalize their operations and engage external IT service providers. This agreement provides a comprehensive framework for managing the relationship between IT service providers and their clients, covering all aspects of service delivery while ensuring compliance with Saudi regulations including data protection laws, cybersecurity requirements, and electronic transaction regulations. It is particularly relevant in the context of Saudi Arabia's Vision 2030, which emphasizes digital transformation across various sectors. The agreement is structured to accommodate multiple IT services under a single master framework, allowing for the addition of specific services through statements of work while maintaining consistent terms for governance, data protection, and service levels.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, commercial registration numbers, and authorized representatives

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

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to IT services

4. Scope of Services: Overview of IT services to be provided under the agreement

5. Term and Renewal: Duration of the agreement and renewal terms

6. Service Provider Obligations: Core obligations including service delivery, quality standards, and compliance requirements

7. Customer Obligations: Customer responsibilities and cooperation requirements

8. Service Levels: Service level commitments, measurement metrics, and remedies for non-performance

9. Fees and Payment: Pricing structure, payment terms, and invoicing procedures

10. Data Protection and Security: Compliance with Saudi data protection laws and security requirements

11. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created materials

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Events beyond reasonable control and their impact on obligations

15. Termination: Termination rights, process, and consequences

16. Governing Law and Dispute Resolution: Saudi Arabian law as governing law and dispute resolution mechanisms

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

Optional Sections

1. Transition Services: Details of transition arrangements at the start and end of services, used when complex service migration is required

2. Disaster Recovery: Disaster recovery and business continuity requirements, included for critical IT services

3. Change Management: Procedures for implementing changes to services or specifications, needed for long-term or complex services

4. Personnel and Subcontractors: Requirements for service provider personnel and use of subcontractors, important when specific expertise or security clearance is required

5. Insurance: Specific insurance requirements beyond standard coverage

6. Export Control: Compliance with export control regulations, needed when dealing with restricted technologies

7. Anti-Corruption: Enhanced anti-corruption provisions beyond standard compliance requirements

8. Source Code Escrow: Source code escrow arrangements, needed when custom software development is involved

9. Data Localization: Specific requirements for data storage location and processing, important for sensitive data or government contracts

Suggested Schedules

1. Service Description Schedule: Detailed description of each IT service to be provided

2. Service Level Agreement (SLA): Detailed service levels, measurement methods, and penalties

3. Pricing Schedule: Detailed pricing, rate cards, and payment milestones

4. Security Requirements: Specific security protocols, standards, and compliance requirements

5. Data Processing Agreement: Detailed terms for processing personal data in compliance with Saudi regulations

6. Technical Requirements: Technical specifications and requirements for service delivery

7. Approved Subcontractors: List of approved subcontractors and their roles

8. Business Continuity Plan: Detailed business continuity and disaster recovery procedures

9. Change Control Procedure: Detailed process for managing changes to services or specifications

10. Exit Management Plan: Detailed procedures for service termination and transition

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
Acceptance Criteria
Acceptance Tests
Affiliate
Agreement
Applicable Law
Authorized Representative
Background IP
Business Day
Change Control Procedure
Change Request
Charges
Confidential Information
Customer
Customer Data
Customer Materials
Data Protection Laws
Deliverables
Delivery Location
Dispute
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
Good Industry Practice
Governing Law
Intellectual Property Rights
Key Personnel
Maintenance Window
Malicious Code
Material Breach
Milestone
Notice
Personal Data
Personnel
Project
Project Manager
Related Agreements
Scheduled Maintenance
Security Requirements
Service Credits
Service Levels
Services
Service Provider
Site
Software
Source Code
Statement of Work
Subcontractor
System
Term
Third Party
Third Party Materials
Transition Period
Transition Plan
Unscheduled Maintenance
User
VAT
Work Order
Working Hours
CITC
NCA
Cloud Services
Data Center
Disaster Recovery Plan
Exit Plan
Government Entity
Implementation Services
Response Time
Resolution Time
Saudi Arabian Law
Service Availability
Support Services
Technical Specifications
Technology Stack
Uptime
Vulnerability
Clauses
Parties
Recitals
Definitions
Scope of Services
Term and Duration
Service Delivery
Service Levels
Change Management
Customer Obligations
Service Provider Obligations
Personnel
Subcontracting
Fees and Payment
Invoicing
Taxes
Intellectual Property Rights
Data Protection
Cybersecurity
Confidentiality
Audit Rights
Compliance
Warranties
Service Credits
Liability
Indemnification
Insurance
Force Majeure
Disaster Recovery
Business Continuity
Transition Services
Exit Management
Termination
Suspension Rights
Assignment
Anti-Corruption
Competition
Notices
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Counterparts
Electronic Execution
Data Localization
Security Requirements
Service Management
Reporting
Performance Monitoring
Quality Assurance
Risk Management
Documentation
Training
Support Services
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Telecommunications

Government Services

Education

Retail

Manufacturing

Oil and Gas

Construction

Professional Services

E-commerce

Transportation and Logistics

Defense and Security

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Finance

Operations

Commercial

Digital Transformation

Vendor Management

Data Protection

Project Management Office

Service Delivery

Relevant Roles

Chief Information Officer

IT Director

Chief Technology Officer

Procurement Manager

Legal Counsel

Contracts Manager

Information Security Manager

IT Project Manager

Compliance Officer

Risk Manager

Technology Operations Manager

Service Delivery Manager

Commercial Director

Chief Financial Officer

Chief Digital Officer

IT Vendor Manager

Data Protection Officer

Business Relationship Manager

Industries
Cloud Computing Regulatory Framework (CCRF): Governs cloud computing services and data storage requirements in Saudi Arabia, including data classification and localization requirements
Anti-Cyber Crime Law (Royal Decree No. M/17): Addresses cybersecurity threats and sets penalties for cyber crimes, relevant for data security provisions in IT agreements
Electronic Transactions Law (Royal Decree No. M/18): Governs electronic transactions and digital signatures, essential for IT service delivery and contract execution
Personal Data Protection Law (PDPL): Regulates the collection, processing, and storage of personal data, crucial for IT services involving personal information
Commercial Courts Law: Governs commercial disputes and contract enforcement, relevant for the general contractual framework
Communications and Information Technology Commission (CITC) Regulations: Regulatory framework for IT and telecommunications services in Saudi Arabia
National Cybersecurity Authority (NCA) Regulations: Provides cybersecurity controls and requirements for organizations operating in Saudi Arabia
Saudi Labor Law: Relevant for provisions related to service delivery personnel and subcontractor relationships
Value Added Tax (VAT) Law: Applicable to pricing and payment terms in the agreement
Government Tenders and Procurement Law: Relevant if the agreement involves government entities or public sector organizations
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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