General Terms And Conditions Of Contract serve as the foundational agreement for businesses operating under Maltese jurisdiction, establishing the legal framework for their relationships with customers, clients, or users. This document is essential for any business providing goods or services in Malta, whether operating in a B2B or B2C context. It incorporates requirements from Malta's Civil Code, Consumer Affairs Act, E-commerce Act, and relevant EU regulations, particularly for data protection and consumer rights. The document should be used when establishing or updating a business's standard operating procedures and customer relationships, covering crucial aspects such as service delivery, payment terms, liability, data protection, and dispute resolution. Its Malta-specific nature ensures compliance with local legal requirements while maintaining alignment with broader EU regulatory frameworks.
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1. Parties: Identification of the business/service provider and definition of the customer/user
2. Background: Context of the terms and conditions and their purpose
3. Definitions: Key terms used throughout the document
4. Scope of Services: Description of products/services covered by these terms
5. Formation of Contract: How and when the contract is formed between parties
6. Price and Payment: Pricing terms, payment methods, and related conditions
7. Delivery and Performance: Terms regarding service delivery or product shipment
8. Customer Obligations: Customer responsibilities and requirements
9. Company Obligations: Company's commitments and service standards
10. Intellectual Property: IP rights and usage restrictions
11. Data Protection: GDPR compliance and data handling practices
12. Limitation of Liability: Liability caps and exclusions
13. Term and Termination: Duration and ending of the agreement
14. Force Majeure: Handling of events beyond reasonable control
15. Governing Law and Jurisdiction: Application of Maltese law and jurisdiction
16. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Electronic Communications: Include when services are provided online or through digital means
2. User Content: Include when platform allows user-generated content
3. Subscription Terms: Include for subscription-based services
4. Refund Policy: Include for retail or consumer services
5. API Usage: Include when providing technical/API services
6. Age Restrictions: Include when services have age limitations
7. Account Management: Include when users need to create accounts
8. Shipping Terms: Include for physical goods delivery
9. Professional Services: Include for specialized professional services
1. Schedule 1 - Service Level Agreement: Detailed service performance metrics and standards
2. Schedule 2 - Pricing Schedule: Detailed pricing information and payment terms
3. Schedule 3 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
4. Schedule 4 - Acceptable Use Policy: Detailed rules for service/platform usage
5. Schedule 5 - Technical Requirements: Technical specifications and requirements
6. Appendix A - Definitions: Extended definitions and interpretations
7. Appendix B - Contact Information: Key contact details and communication protocols
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