The Master Subscription Agreement (MSA) serves as the cornerstone agreement for businesses providing subscription-based services in Ireland. It establishes the fundamental legal and commercial framework for the service relationship, incorporating Irish law requirements and EU regulations, particularly GDPR. This document is typically used when a service provider needs a robust legal foundation for delivering subscription services to multiple customers, with the flexibility to add or modify specific services through order forms or statements of work. The MSA includes essential terms covering service delivery, access rights, fees, data protection, intellectual property, warranties, and liability limitations, while ensuring compliance with Irish and EU legal requirements. It's designed to accommodate both B2B and B2C relationships, though specific terms may need adjustment based on the customer type.
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1. Parties: Identification of contracting parties and their registered addresses
2. Background: Context of the agreement and brief description of the subscription service
3. Definitions: Defined terms used throughout the agreement
4. Subscription Service: Description of service scope, access rights, and delivery obligations
5. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
7. Data Protection: GDPR compliance, data processing terms, and data security requirements
8. Intellectual Property: IP ownership, licenses, and restrictions
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Duration, renewal, termination rights, and consequences
11. Warranties and Disclaimers: Service level commitments and warranty limitations
12. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
13. Force Majeure: Events excusing performance and related procedures
14. General Provisions: Standard boilerplate including governing law, notices, assignment, and entire agreement
1. Professional Services: Terms for implementation, training, or consulting services if offered
2. Hardware Terms: Terms for any equipment provided as part of the subscription
3. Service Levels: Detailed SLA terms if not covered in main warranty section
4. Security Requirements: Enhanced security obligations for regulated industries
5. Business Continuity: Disaster recovery and business continuity requirements for critical services
6. Insurance: Specific insurance requirements beyond standard coverage
7. Consumer Protection Terms: Additional protections required for B2C agreements
1. Service Description: Detailed description of subscription services and functionality
2. Service Level Agreement: Performance metrics, measurement, and remedies
3. Pricing Schedule: Detailed pricing, payment terms, and calculation methods
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Support Services: Support level descriptions and procedures
6. Security Requirements: Technical and organizational security measures
7. Acceptable Use Policy: Detailed rules for service usage and restrictions
8. Form of Order: Template for additional service orders under the master agreement
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