This Billing Agreement template is designed for use under Maltese law when establishing formal billing arrangements between service providers and their customers. It incorporates essential elements required by Maltese commercial law and EU regulations, including electronic commerce provisions, data protection requirements, and consumer protection measures where applicable. The document is particularly relevant for recurring billing relationships, subscription services, or ongoing service arrangements where regular payments are involved. The Billing Agreement covers critical aspects such as payment terms, invoicing procedures, data handling, dispute resolution, and service levels, while ensuring compliance with Malta's legal framework and EU directives regarding payment services and electronic transactions. It can be customized for both B2B and B2C relationships, incorporating specific requirements for electronic billing consent, direct debit arrangements, or cross-border transactions as needed.
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1. Parties: Identification of the parties entering into the billing agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the billing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Billing Terms: Core billing arrangements including pricing, frequency, and payment schedule
5. Payment Methods: Accepted payment methods and processing details
6. Invoicing: Invoice generation, delivery method, and content requirements
7. Payment Terms: Payment deadlines, late payment consequences, and interest charges
8. Service Level Agreement: Standards for billing accuracy and timing
9. Data Protection: Handling of personal and payment data in compliance with GDPR and local laws
10. Term and Termination: Duration of the agreement and termination provisions
11. Dispute Resolution: Process for handling billing disputes and errors
12. Governing Law: Specification of Maltese law as governing law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Electronic Billing Consent: Required when implementing paperless billing - contains specific consent for electronic invoicing
2. Direct Debit Authorization: Include when direct debit is the chosen payment method
3. Currency Conversion: Include for cross-border billing arrangements involving multiple currencies
4. Tax Compliance: Detailed tax handling procedures for cross-border or complex tax situations
5. Service Level Credits: Include when offering credits or penalties for billing accuracy issues
6. Volume Discounts: Include when offering tiered pricing or volume-based discounts
7. Third-Party Payment Processors: Include when using external payment processing services
8. Group Company Billing: Include for agreements covering multiple related entities
1. Schedule 1 - Pricing Schedule: Detailed breakdown of prices, rates, and any volume-based pricing
2. Schedule 2 - Billing Procedures: Detailed operational procedures for billing and payment processing
3. Schedule 3 - Service Level Metrics: Specific metrics for billing accuracy and timing
4. Schedule 4 - Contact Details: Key contacts for billing, technical, and administrative matters
5. Appendix A - Invoice Template: Sample invoice format meeting Maltese legal requirements
6. Appendix B - Direct Debit Forms: Standard forms for direct debit authorization if applicable
7. Appendix C - Data Processing Terms: Detailed data protection and processing requirements
8. Appendix D - Technical Integration Specifications: Technical details for electronic billing integration
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