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MSA Agreement

MSA Agreement Template for Malaysia

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Key Requirements PROMPT example:

MSA Agreement

"I need a Master Services Agreement (MSA) for my IT consulting company based in Kuala Lumpur to provide software development and maintenance services to multiple Malaysian enterprise clients, with special emphasis on data protection and intellectual property rights."

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Document background
This Master Services Agreement (MSA) template is designed for use in the Malaysian market, providing a comprehensive framework for businesses engaging in ongoing service relationships. It is particularly suitable when a service provider will be delivering multiple services to a customer over time, with the flexibility to add or modify specific services through separate statements of work. The MSA complies with Malaysian legal requirements, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. It includes essential provisions for service delivery, commercial terms, risk allocation, and operational matters, while allowing customization for specific industry requirements and business needs. This agreement type is commonly used in both domestic Malaysian transactions and cross-border arrangements where Malaysian law is chosen as the governing law.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and general purpose of the MSA

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Scope of Services: General framework for services to be provided under the MSA and mechanism for adding specific services

5. Term and Renewal: Duration of the agreement, including commencement date and renewal provisions

6. Ordering Process: Procedure for requesting and confirming specific services under the MSA

7. Fees and Payment: General payment terms, invoicing procedures, and payment timelines

8. Service Provider Obligations: Core obligations, service standards, and compliance requirements

9. Customer Obligations: Customer's responsibilities and cooperation requirements

10. Intellectual Property Rights: Ownership and licensing of IP created or used during service provision

11. Confidentiality: Protection and handling of confidential information

12. Data Protection: Compliance with Malaysian Personal Data Protection Act and data handling requirements

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

14. Force Majeure: Rights and obligations during events beyond reasonable control

15. Termination: Termination rights, process, and consequences

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Insurance: Specific insurance requirements - include when services involve significant risks or regulatory requirements

2. Security Requirements: IT and physical security requirements - include for technology or sensitive facility access services

3. Compliance with Anti-Corruption Laws: Detailed anti-corruption provisions - include for high-value contracts or government-related services

4. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

5. Change Control: Formal process for changes to services or agreement - include for complex or technical services

6. Service Credits: Performance-based credits or penalties - include when specific service levels are crucial

7. Audit Rights: Customer's right to audit service provider - include for regulated industries or critical services

8. Environmental Compliance: Environmental standards and requirements - include for services with environmental impact

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed descriptions of available services and specific service requirements

2. Schedule 2 - Pricing and Commercial Terms: Detailed fee structure, rates, and commercial terms for each service type

3. Schedule 3 - Service Levels: Specific service levels, KPIs, and measurement criteria

4. Schedule 4 - Change Request Template: Standard form for requesting changes to services or terms

5. Schedule 5 - Key Personnel: List of key personnel from both parties and their roles

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

7. Schedule 7 - Governance and Reporting: Management structure, meeting schedule, and reporting requirements

8. Schedule 8 - Exit Plan: Transition and handover requirements upon termination

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
Background Intellectual Property
Business Day
Change Request
Charges
Commencement Date
Confidential Information
Customer
Customer Materials
Deliverables
Documentation
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Laws
Material Breach
Personal Data
Project Manager
Purchase Order
Representatives
Schedule
Service Credits
Service Levels
Services
Service Provider
Statement of Work
Subcontractor
Term
Territory
Third Party Materials
Working Hours
Malaysian Ringgit
Acceptance Criteria
Change Control Procedure
Disaster Recovery Plan
Emergency Maintenance
Intellectual Property License
Performance Reports
Quality Standards
Security Requirements
Service Location
Support Services
Technical Specifications
Termination Date
Transition Period
Warranty Period
Clauses
Interpretation
Definitions
Service Provision
Term and Renewal
Ordering Process
Service Standards
Performance Monitoring
Payment Terms
Invoicing
Service Provider Obligations
Customer Obligations
Personnel
Subcontracting
Intellectual Property
Data Protection
Confidentiality
Security
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Change Control
Dispute Resolution
Termination
Exit Management
Anti-Corruption
Competition Law
Assignment
Notices
Governing Law
Third Party Rights
Entire Agreement
Severability
Waiver
Variation
Relationship of Parties
Counterparts
Relevant Industries

Information Technology

Professional Services

Manufacturing

Telecommunications

Healthcare

Financial Services

Logistics and Supply Chain

Business Process Outsourcing

Construction

Energy and Utilities

Consulting

Facilities Management

Relevant Teams

Legal

Procurement

Commercial

Operations

Finance

Risk and Compliance

Business Development

Project Management

Account Management

Service Delivery

Executive Leadership

Vendor Management

Relevant Roles

Legal Counsel

Commercial Director

Procurement Manager

Contract Manager

Business Development Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Project Manager

Account Manager

Service Delivery Manager

Chief Executive Officer

Chief Operating Officer

Vendor Manager

Industries
Contracts Act 1950: The primary legislation governing contract formation, validity, and enforcement in Malaysia. It covers essential elements like offer, acceptance, consideration, and capacity to contract.
Electronic Commerce Act 2006: Relevant for MSAs that involve electronic transactions or digital signatures, providing legal recognition and enforcement of electronic contracts.
Personal Data Protection Act 2010: Critical when the MSA involves processing, storing, or transferring personal data between parties, ensuring compliance with data protection principles.
Sales of Goods Act 1957: Although primarily for goods, relevant if the MSA includes any provision of goods alongside services, covering quality standards and implied terms.
Competition Act 2010: Important to ensure the MSA doesn't contain anti-competitive clauses or provisions that could be considered market manipulation.
Employment Act 1955: Relevant if the MSA involves the provision of personnel or could be construed as creating employment relationships rather than independent contractor status.
Service Tax Act 2018: Governs the taxation of services in Malaysia, crucial for determining tax obligations and ensuring proper tax clauses in the MSA.
Digital Signature Act 1997: Relevant for MSAs that may be executed electronically, providing legal framework for digital signatures.
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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