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Master Service Agreement And Statement Of Work

Master Service Agreement And Statement Of Work Template for Saudi Arabia

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Key Requirements PROMPT example:

Master Service Agreement And Statement Of Work

"I need a Master Service Agreement and Statement of Work for providing IT infrastructure services to a Saudi government entity, with specific provisions for data localization, cybersecurity compliance, and Saudization requirements, planned to commence in March 2025."

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Document background
The Master Service Agreement And Statement of Work (MSA & SOW) is designed for businesses operating in Saudi Arabia who require a structured framework for ongoing service relationships. This document type is particularly relevant when parties anticipate multiple service engagements over time and need a efficient way to govern these relationships while maintaining compliance with Saudi law and Sharia principles. The MSA establishes the fundamental terms and conditions, while individual SOWs detail specific projects or services. This approach reduces negotiation time for subsequent engagements while ensuring consistency in the commercial relationship. The document incorporates essential elements of Saudi commercial law, including requirements for commercial agency relationships, electronic transactions, and local business practices, making it suitable for both domestic and international service arrangements within the Saudi jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details as per Saudi requirements

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

3. Definitions: Detailed definitions of terms used throughout the agreement, including Arabic translations of key terms where necessary

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

5. Statement of Work Process: Process for creating, approving, and executing individual SOWs

6. Term and Termination: Duration of the MSA and conditions for termination

7. Fees and Payment Terms: General payment terms, including VAT considerations and payment timeline

8. Service Levels: Standard performance metrics and service level requirements

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP

11. Warranties and Representations: Standard warranties including Sharia compliance declarations

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

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Dispute Resolution: Process for resolving disputes including Saudi law requirements

15. Governing Law: Specification of Saudi law and Sharia principles as governing law

Optional Sections

1. Personnel and Subcontracting: Include when services involve deployment of personnel or use of subcontractors

2. Data Protection: Include when services involve processing of personal or sensitive data

3. Insurance: Include when specific insurance requirements are necessary for the services

4. Export Control: Include when services involve cross-border elements or technology transfer

5. Compliance with Anti-Corruption Laws: Include for high-value contracts or government-related services

6. Change Control: Include when services are likely to require frequent modifications

7. Business Continuity: Include for critical services requiring disaster recovery planning

8. Security Requirements: Include when services involve IT systems or sensitive information

9. Transition Services: Include when complex service handover is anticipated

10. Saudization Requirements: Include when services must comply with Saudi workforce requirements

Suggested Schedules

1. Schedule 1 - Template Statement of Work: Standard template for creating individual SOWs

2. Schedule 2 - Service Level Agreement: Detailed service levels, KPIs, and measurement methods

3. Schedule 3 - Fee Schedule: Detailed pricing structure, rates, and payment terms

4. Schedule 4 - Security Requirements: Specific security protocols and requirements

5. Schedule 5 - Technical Specifications: Detailed technical requirements and standards

6. Schedule 6 - Governance and Reporting: Management structure and reporting requirements

7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Schedule 8 - Data Processing Requirements: Specific data handling and protection requirements

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

10. Appendix B - Required Documentation: List of required certificates, permits, and compliance documents

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
Clauses
Interpretation
Term and Duration
Services Scope
Statement of Work Process
Service Levels
Personnel
Subcontracting
Fees and Payment
Invoicing
Taxes
Performance Standards
Acceptance Testing
Change Control
Intellectual Property
Confidentiality
Data Protection
Security
Audit Rights
Compliance
Anti-Corruption
Representations and Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Assignment and Novation
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Relationship of Parties
Business Continuity
Records and Reports
Quality Assurance
Health and Safety
Environmental Compliance
Local Content Requirements
Electronic Signatures
Language
Currency
Waiver
Further Assurance
Relevant Industries

Information Technology

Professional Services

Construction and Engineering

Healthcare

Telecommunications

Oil and Gas

Financial Services

Manufacturing

Consulting

Facilities Management

Education and Training

Logistics and Transportation

Relevant Teams

Legal

Procurement

Finance

Operations

Compliance

Risk Management

Commercial

Business Development

Project Management

Technical Services

Account Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Commercial Director

Procurement Manager

Contract Manager

Legal Counsel

Project Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Business Development Manager

Account Manager

Technical Director

Service Delivery Manager

Industries
Islamic Law (Sharia): The fundamental source of law in Saudi Arabia that governs all commercial and civil transactions, ensuring compliance with Islamic principles
Saudi Commercial Law (Royal Decree No. M/32): Governs commercial transactions and business relationships in Saudi Arabia, including contract formation and enforcement
Law of Commercial Courts (Royal Decree No. M/93): Provides framework for dispute resolution and commercial court proceedings in business contracts
Saudi Labor Law (Royal Decree No. M/51): Regulates employment relationships and must be considered for service agreements involving personnel
Electronic Transactions Law (Royal Decree No. M/18): Governs electronic transactions and digital signatures, relevant for modern service agreements
Value Added Tax (VAT) Law: Implements 15% VAT on goods and services, affecting pricing and payment terms in service agreements
Government Tenders and Procurement Law (Royal Decree No. M/128): Relevant if the agreement involves government entities or public sector projects
Anti-Commercial Fraud Law (Royal Decree No. M/19): Ensures transparency and prevents fraudulent practices in commercial transactions
Competition Law (Royal Decree No. M/75): Regulates competitive practices and prevents monopolistic behavior in service provision
Commercial Agencies Law (Royal Decree No. M/11): Relevant if the service agreement involves agency or representation arrangements
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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