The Business Service Agreement is a fundamental commercial contract used when one business entity agrees to provide professional services to another. This template is specifically designed for use under Maltese jurisdiction, incorporating requirements from both Maltese national law and EU regulations. It is particularly relevant for scenarios where ongoing business services are being provided, ranging from consulting and professional services to technical support and business process outsourcing. The agreement includes essential provisions for service scope, performance standards, payment terms, and risk allocation, while ensuring compliance with Maltese Commercial Code and EU regulations such as GDPR. It's structured to accommodate various service types while maintaining robust legal protections for both service provider and client.
Business Service Agreement for Malta
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Key Requirements PROMPT example:
Business Service Agreement
"I need a Business Service Agreement for my IT consulting company based in Malta to provide cloud migration services to a German manufacturing client, with service commencement planned for March 2025 and including specific data protection provisions for cross-border data transfers."
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1. Parties: Identification and details of the service provider and client, including registration numbers and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Detailed description of services to be provided, including scope and deliverables
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. Fees and Payment: Service fees, payment terms, invoicing process, and late payment consequences
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Client Obligations: Key responsibilities and commitments of the client
9. Data Protection: GDPR compliance and data handling requirements
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Ownership and usage rights of IP created or used during service provision
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Service Levels: Include when specific performance metrics and standards need to be maintained
2. Change Control: Include for services that may require scope or specification changes during the term
3. Personnel: Include when specific staff or qualifications are crucial to service delivery
4. Insurance: Include when specific insurance coverage is required for service provision
5. Audit Rights: Include when client needs rights to audit service provider's performance or compliance
6. Business Continuity: Include for critical services requiring disaster recovery planning
7. Anti-Bribery and Corruption: Include for high-value contracts or public sector clients
8. Exit Management: Include for complex services requiring transition planning at termination
1. Schedule 1 - Service Specification: Detailed technical specifications of services to be provided
2. Schedule 2 - Service Levels: Detailed performance metrics, measurement methods, and remedies
3. Schedule 3 - Charges: Detailed fee structure, rates, and payment terms
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide the services
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Appendix A - Change Request Form: Template for requesting and documenting service changes
7. Appendix B - Service Report Template: Template for regular service performance reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Management Consulting
Financial Services
Healthcare
Real Estate
Manufacturing
Retail
Telecommunications
Education
Logistics
Business Process Outsourcing
Relevant Teams
Legal
Procurement
Operations
Commercial
Finance
Compliance
Risk Management
Business Development
Project Management
Account Management
Service Delivery
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
General Counsel
Legal Counsel
Commercial Director
Procurement Manager
Operations Manager
Contract Manager
Business Development Manager
Project Manager
Account Manager
Service Delivery Manager
Compliance Officer
Risk Manager
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