The Client Agreement is a fundamental legal document used to establish and govern the professional relationship between service providers and their clients under Maltese law. This document is essential for any business providing services in or from Malta, whether to local or international clients. The agreement encompasses key aspects such as service scope, fees, data protection (GDPR compliance), confidentiality, liability limitations, and dispute resolution mechanisms. It's particularly important given Malta's position as a European business hub and its comprehensive regulatory framework. The Client Agreement should be tailored to specific service types while maintaining compliance with Maltese Civil Code requirements and relevant sector-specific regulations.
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1. Parties: Identification of the service provider and client with full legal details
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Services: Detailed description of services to be provided and service levels
5. Client Obligations: Responsibilities and obligations of the client
6. Fees and Payment: Fee structure, payment terms, and invoicing procedures
7. Data Protection and Confidentiality: GDPR compliance provisions and confidentiality obligations
8. Intellectual Property: Ownership and usage rights of intellectual property
9. Liability and Indemnification: Limitation of liability and indemnification provisions
10. Term and Termination: Duration of agreement and termination provisions
11. Force Majeure: Provisions for unforeseen circumstances and force majeure events
12. General Provisions: Standard legal provisions including notices, amendments, and assignment
13. Governing Law and Jurisdiction: Specification of Maltese law and jurisdiction
1. Service Level Agreement: Detailed service levels and performance metrics, include when providing technical or ongoing services
2. Anti-Money Laundering: AML compliance provisions, include for financial or high-value services
3. Insurance: Insurance requirements and coverage details, include for high-risk services
4. Change Control: Procedures for changing service scope or specifications, include for complex service arrangements
5. Staff and Subcontractors: Provisions regarding personnel and subcontractors, include when service delivery involves third parties
6. Disaster Recovery: Business continuity and disaster recovery provisions, include for critical services
7. Compliance with Laws: Specific regulatory compliance requirements, include for regulated services
1. Schedule 1 - Service Description: Detailed specification of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific service level metrics and performance standards
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Contact Details: Key contacts and notice details for both parties
6. Appendix A - Required Documentation: List of required client documentation and compliance requirements
7. Appendix B - Technical Requirements: Technical specifications or requirements for service delivery
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