The MSP Master Service Agreement is a foundational document used when establishing a long-term managed services relationship between a service provider and a client organization in Canada. This agreement type is particularly crucial when a client requires ongoing, managed IT or professional services with consistent governance and commercial terms. The agreement serves as an umbrella contract under which specific services can be added or modified through schedules and statements of work, providing both structure and flexibility. It addresses key aspects required under Canadian federal and provincial laws, including data privacy, consumer protection, and electronic commerce regulations. The MSP Master Service Agreement typically includes comprehensive terms covering service levels, performance metrics, data protection, intellectual property rights, liability allocation, and dispute resolution mechanisms, while ensuring compliance with Canadian legal requirements and business practices.
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1. Parties: Identifies and provides full legal details of the contracting parties
2. Background: Explains the context and purpose of the agreement, including the parties' intent to establish a master services relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Services: Outlines the general framework for services to be provided, referencing specific service schedules
5. Service Delivery: Establishes general standards, quality requirements, and performance metrics for all services
6. Ordering Process: Details how specific services will be requested, approved, and implemented
7. Term and Termination: Specifies agreement duration, renewal provisions, and termination rights
8. Fees and Payment: Establishes general payment terms, invoicing procedures, and fee adjustment mechanisms
9. Data Protection and Privacy: Sets out obligations regarding data handling, security, and privacy compliance
10. Confidentiality: Defines confidential information and establishes protection obligations
11. Intellectual Property Rights: Addresses ownership and licensing of IP created or used in service delivery
12. Warranties and Representations: States basic warranties regarding services, authority to contract, and compliance
13. Liability and Indemnification: Establishes liability limits and indemnification obligations
14. Insurance: Specifies required insurance coverage and limits
15. Force Majeure: Addresses rights and obligations during events beyond reasonable control
16. General Provisions: Includes standard boilerplate clauses like notices, assignment, and governing law
1. Security Requirements: Detailed security protocols and requirements, needed when handling sensitive data or systems
2. Compliance with Specific Regulations: Additional compliance requirements for regulated industries (healthcare, financial services, etc.)
3. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
4. Personnel Requirements: Specific requirements for service provider staff, including qualifications and security clearances
5. Transition Services: Procedures for transitioning services in or out, important for complex service arrangements
6. Audit Rights: Extended audit provisions, important for regulated industries or complex services
7. Performance Credits: Service credit regime for performance failures, useful for critical services
8. Environmental Requirements: Environmental compliance and sustainability requirements, important for environmentally sensitive services
1. Schedule A - Service Descriptions: Detailed descriptions of specific services offered under the agreement
2. Schedule B - Service Levels: Specific performance metrics, measurement methods, and remedies for each service
3. Schedule C - Pricing and Fee Schedule: Detailed pricing, rate cards, and specific payment terms for each service
4. Schedule D - Technical Requirements: Technical specifications and requirements for service delivery
5. Schedule E - Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Schedule F - Key Personnel: Identifies key service provider personnel and their roles
7. Schedule G - Approved Subcontractors: List of approved subcontractors and their roles
8. Schedule H - Data Processing Agreement: Specific terms for handling personal data in compliance with privacy laws
9. Appendix 1 - Change Control Procedure: Process for requesting and implementing changes to services
10. Appendix 2 - Incident Response Plan: Procedures for handling and reporting service incidents
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