Master Service Level Agreement for the United States

Master Service Level Agreement Template for United States

A Master Service Level Agreement (MSLA) is a comprehensive legal document used in the United States that establishes the fundamental terms and conditions governing the delivery of services between a service provider and a customer. It defines service standards, performance metrics, responsibilities, and remedies, while ensuring compliance with federal and state regulations. The agreement includes specific service level commitments, measurement methodologies, and reporting requirements, along with provisions for data protection, confidentiality, and dispute resolution.

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What is a Master Service Level Agreement?

The Master Service Level Agreement is essential for businesses engaging in ongoing service relationships in the United States. It serves as the primary contract governing service delivery, quality standards, and performance metrics. This document is particularly crucial when services are critical to business operations or subject to regulatory requirements. The MSLA typically includes detailed service descriptions, performance indicators, measurement methodologies, reporting requirements, and remedies for service failures. It addresses both federal and state regulatory requirements, particularly in areas such as data protection, privacy, and industry-specific compliance obligations.

What sections should be included in a Master Service Level Agreement?

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

2. Background: Context of the agreement and high-level purpose of the services

3. Definitions: Key terms used throughout the agreement and their specific meanings

4. Services: Detailed description of services to be provided and service levels

5. Service Level Metrics: Specific performance indicators, measurement methods, and reporting requirements

6. Payment Terms: Pricing, invoicing, and payment conditions

7. Term and Termination: Duration of agreement and termination provisions

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: Obligations regarding data privacy and security

10. Governing Law: Applicable law and jurisdiction

What sections are optional to include in a Master Service Level Agreement?

1. Change Management: Procedures for implementing changes to services

2. Business Continuity: Disaster recovery and business continuity requirements

3. Compliance Requirements: Industry-specific regulatory compliance obligations

4. Transition Services: Requirements for service transition at termination

What schedules should be included in a Master Service Level Agreement?

1. Service Description Schedule: Detailed technical specifications of services

2. Service Level Requirements: Detailed KPIs, metrics, and measurement methodologies

3. Pricing Schedule: Detailed pricing structure, rates, and charging mechanisms

4. Security Requirements: Specific security protocols and requirements

5. Data Processing Agreement: Detailed data processing terms and requirements

6. Business Continuity Plan: Detailed disaster recovery procedures

7. Contact Matrix: Key contacts and escalation procedures

8. Reporting Templates: Standard formats for service level reporting

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Federal Laws - General: Key federal legislation including Uniform Commercial Code (UCC), Federal Information Security Management Act (FISMA), E-SIGN Act, Computer Fraud and Abuse Act (CFAA), and Federal Trade Commission Act

Data Privacy and Security Laws: State-specific data breach laws, CCPA, HIPAA, GLBA, and other privacy regulations that govern data protection and breach notification requirements

Industry-Specific Regulations: Sector-specific standards including PCI DSS for payment processing, Sarbanes-Oxley Act for public companies, and other industry-specific compliance requirements

Contract Law Principles: State-specific contract laws, common law principles, Statute of Frauds, and state-specific regulations regarding liability limitations and indemnification

Intellectual Property Laws: Federal and state laws governing intellectual property, including Copyright Act, Patent Act, Trade Secrets laws, and Trademark protection

Employment Laws: Fair Labor Standards Act (FLSA), state-specific employment regulations, and worker classification requirements that may impact service delivery

Consumer Protection Laws: State and federal consumer protection statutes, warranty laws, and the Magnuson-Moss Warranty Act where applicable

Dispute Resolution Framework: Federal Arbitration Act, state-specific arbitration laws, and regulations governing choice of law and venue provisions

Service Level Requirements: Essential elements including service definitions, performance metrics, KPIs, availability guarantees, and response time requirements

Data Security Requirements: Specific provisions for data protection, privacy compliance, reporting, monitoring, and security incident response procedures

Operational Requirements: Change management procedures, disaster recovery, business continuity planning, and transition services requirements

Risk Management: Liability limitations, indemnification clauses, insurance requirements, and risk allocation between parties

Intellectual Property Rights: Provisions governing IP ownership, licensing, usage rights, and confidentiality obligations

Technology Specifications: Technical requirements, scalability provisions, and technology standards that must be maintained

Exit Strategy: Termination provisions, transition requirements, and procedures for service discontinuation or transfer

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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