The IT Subcontractor Agreement is essential for businesses operating in Malta's growing technology sector that need to engage specialized IT service providers through a subcontracting arrangement. This document is particularly relevant given Malta's position as an EU member state and its emergence as a technology hub, especially in areas such as financial services, gaming, and blockchain. The agreement ensures compliance with both Maltese and EU regulations, including the Employment and Industrial Relations Act, Data Protection Act, and specific IT-related legislation. It is designed to protect all parties' interests while facilitating efficient delivery of IT services, covering crucial aspects such as intellectual property rights, data protection, service levels, and confidentiality. The document is structured to accommodate various types of IT services while maintaining compliance with Malta's legal framework for technology service providers.
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1. Parties: Identification of the contracting parties - the main contractor and the IT subcontractor, including full legal names and registered addresses
2. Background: Context of the agreement, including reference to the main contract and the need for subcontracting
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms specific to the IT services
4. Scope of Services: Detailed description of IT services to be provided, including deliverables and performance standards
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Payment Terms: Compensation, payment schedule, invoicing requirements, and expenses policy
7. Obligations of the Subcontractor: Key responsibilities, service levels, reporting requirements, and compliance obligations
8. Obligations of the Contractor: Main contractor's responsibilities, including provision of necessary information and access
9. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP, including software and documentation
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance requirements and data handling procedures
12. Non-Compete and Non-Solicitation: Restrictions on competitive activities and hiring practices
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Security Requirements: Detailed security protocols and requirements, necessary when handling sensitive data or accessing secure systems
2. Change Control: Procedures for managing changes to scope or specifications, important for larger or complex projects
3. Business Continuity: Disaster recovery and business continuity requirements, crucial for critical systems or services
4. Knowledge Transfer: Requirements for documentation and training, important when knowledge transfer is crucial
5. Exit Management: Detailed procedures for contract termination and transition, important for long-term or complex engagements
6. Performance Bonds: Requirements for performance guarantees, relevant for high-value or high-risk projects
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in current global conditions
8. Subcontractor Personnel: Specific requirements for key personnel and replacement procedures, important when specific skills are crucial
9. Quality Assurance: Specific quality standards and testing requirements, important for development projects
10. Compliance with Main Contract: Additional provisions ensuring alignment with main contract requirements, when relevant
1. Schedule 1 - Services Description: Detailed technical specifications of services to be provided
2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and service level agreements
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
5. Schedule 5 - Security Policies: Detailed security requirements and compliance procedures
6. Schedule 6 - Approved Personnel: List of key personnel approved to work on the project
7. Schedule 7 - Testing and Acceptance Procedures: Detailed procedures for testing and accepting deliverables
8. Appendix A - Main Contract Extract: Relevant excerpts from the main contract affecting the subcontractor
9. Appendix B - Technical Requirements: Detailed technical specifications and requirements
10. Appendix C - Change Request Template: Standard form for requesting and documenting changes
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