The Master Framework Agreement serves as the primary governing document for establishing long-term business relationships between parties operating under Maltese law. It is particularly useful for situations where parties anticipate multiple future transactions or ongoing services and want to avoid negotiating terms repeatedly. This agreement type typically includes comprehensive terms covering ordering procedures, service standards, pricing mechanisms, risk allocation, and compliance requirements. It's designed to work within Malta's legal framework while accommodating international business practices and EU regulations. The document provides flexibility to add specific services or goods through subsequent work orders or statements of work, while maintaining consistent overarching terms. It's commonly used in both domestic Maltese business operations and international commercial relationships where Maltese law is chosen as the governing law.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and general purpose of the framework
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Structure and Scope: Overview of how the framework agreement operates and its scope, including the process for creating subsidiary agreements
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
6. Ordering Process: Procedures for placing and accepting orders under the framework
7. Prices and Payment: General pricing principles, payment terms, and invoicing requirements
8. Performance Standards: General standards applicable to all services/goods provided under the framework
9. Warranties and Representations: Standard warranties and representations made by each party
10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. Intellectual Property: Ownership and usage rights of intellectual property
13. Data Protection: GDPR compliance and data processing obligations
14. Force Majeure: Provisions for handling events beyond parties' reasonable control
15. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Compliance with Laws: Detailed compliance obligations - include when dealing with regulated industries or cross-border activities
2. Insurance: Specific insurance requirements - include when services/goods involve significant risks
3. Security Requirements: IT or physical security standards - include when dealing with sensitive information or facilities access
4. Personnel Requirements: Specific staff qualifications or vetting - include when services involve on-site work or professional services
5. Environmental Compliance: Environmental standards and obligations - include when activities have environmental impact
6. Anti-Corruption and Sanctions: Detailed anti-corruption provisions - include for international business or public sector contracts
7. Change Control: Formal process for changes to services/goods - include for complex or technical services
8. Service Credits: Performance-based credits system - include when specific performance metrics are crucial
9. Parent Company Guarantee: Guarantee from parent company - include when subsidiary's financial strength is insufficient
1. Schedule 1 - Services/Goods Description: Template for detailed description of services or goods to be provided under the framework
2. Schedule 2 - Pricing Structure: Detailed pricing mechanisms, rates, and calculation methods
3. Schedule 3 - Service Levels: Detailed performance standards and measurement criteria
4. Schedule 4 - Order Form Template: Standard form for placing orders under the framework
5. Schedule 5 - Change Control Procedure: Detailed process for implementing changes to services/goods
6. Schedule 6 - Key Personnel: List of key personnel and their roles (if applicable)
7. Schedule 7 - Data Processing Agreement: Detailed data protection obligations and procedures
8. Schedule 8 - Business Continuity Plan: Required business continuity and disaster recovery measures
9. Appendix A - Contact Details: Key contacts and notice details for both parties
10. Appendix B - Technical Requirements: Specific technical standards and requirements
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