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Master Service Agreement For IT Services
"I need a Master Service Agreement for IT Services to engage a vendor for cloud hosting and cybersecurity services for our banking operations in Malaysia, with strict data protection provisions and compliance with banking regulations."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Services: Overview of IT services to be provided and service framework
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Key responsibilities and commitments of the customer
7. Service Levels: Service level requirements and measurement metrics
8. Charges and Payment: Pricing structure, payment terms, and invoicing procedures
9. Data Protection and Security: Compliance with PDPA and security requirements
10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
13. Term and Termination: Duration, renewal, and termination provisions
14. Force Majeure: Handling of events beyond reasonable control
15. Governing Law and Dispute Resolution: Application of Malaysian law and dispute resolution procedures
1. Change Control: Procedures for managing changes to services or agreement terms - include for complex service arrangements
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
3. Staff and Key Personnel: Requirements for service provider personnel - include when specific expertise or security clearance is needed
4. Compliance with Anti-Bribery Laws: Anti-corruption compliance - include for high-value contracts or government-related services
5. Export Control: Export control compliance - include when dealing with international data transfers or technology
6. Source Code Escrow: Source code protection arrangements - include when custom software is developed
7. Parent Company Guarantee: Additional financial security - include when service provider's financial strength is a concern
8. Audit Rights: Enhanced audit provisions - include for regulated industries or critical services
1. Schedule 1 - Services Description: Detailed description of each service to be provided
2. Schedule 2 - Service Levels and Service Credits: Detailed SLA metrics, measurement methods, and service credit calculations
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones
4. Schedule 4 - Security Requirements: Specific security protocols, standards, and compliance requirements
5. Schedule 5 - Governance and Reporting: Service management, meeting schedules, and reporting requirements
6. Schedule 6 - Form of Change Control Notice: Template and process for change requests
7. Schedule 7 - Exit Plan and Transition Services: Requirements and procedures for service transition upon termination
8. Schedule 8 - Technical Requirements: Technical specifications and standards
9. Appendix A - Approved Subcontractors: List of approved subcontractors and their scope of work
10. Appendix B - Key Personnel: Details of key personnel assigned to the services
Authors
Affiliate
Agreement
Business Day
Change Request
Charges
Commencement Date
Confidential Information
Customer
Customer Data
Customer Materials
Deliverables
Documentation
Emergency Maintenance
Force Majeure Event
Good Industry Practice
Incident
Intellectual Property Rights
Key Personnel
Maintenance Window
Personal Data
Project Manager
Resolution Time
Response Time
Schedule
Security Requirements
Service Credits
Service Hours
Service Level
Service Provider
Services
Software
Statement of Work
Subcontractor
System
Term
Third Party Materials
Working Hours
Services Scope
Service Levels
Payment
Invoicing
Data Protection
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Exit Management
Personnel
Subcontracting
Change Control
Dispute Resolution
Governing Law
Assignment
Audit Rights
Insurance
Information Security
Business Continuity
Compliance
Notice
Anti-Bribery
Records Management
Non-Solicitation
Service Credits
Acceptance Testing
Performance Monitoring
Disaster Recovery
Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Government and Public Sector
Education
Energy and Utilities
Professional Services
E-commerce
Insurance
Media and Entertainment
Legal
Information Technology
Procurement
Finance
Risk and Compliance
Information Security
Operations
Vendor Management
Project Management Office
Digital Transformation
Technical Operations
Service Delivery
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Contract Manager
Information Security Officer
IT Project Manager
Service Delivery Manager
Chief Financial Officer
Risk Manager
Compliance Officer
Technology Operations Manager
Vendor Management Officer
Digital Transformation Director
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