The MSA Agreement For IT Services serves as the primary contractual framework for organizations seeking to establish a long-term IT service relationship under Maltese jurisdiction. This document is essential when a business requires ongoing IT services from a provider, where multiple service orders or statements of work will be issued over time. The agreement incorporates requirements from both Maltese law and EU regulations, particularly regarding data protection, electronic commerce, and professional services. It typically includes comprehensive terms covering service delivery, performance standards, data processing, intellectual property rights, liability allocation, and regulatory compliance. The MSA structure allows for flexibility in adding or modifying specific services through work orders while maintaining consistent core terms, making it ideal for evolving technology service relationships.
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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 MSA
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to IT services
4. Services Framework: Overview of how services will be engaged, including the process for adding new services and work orders
5. Service Provider Obligations: Core obligations of the service provider, including service delivery standards and professional requirements
6. Customer Obligations: Customer's responsibilities, including providing access, information, and cooperation
7. Personnel: Requirements for service provider's staff, including qualifications, security clearance, and key personnel provisions
8. Charges and Payment: Pricing structure, payment terms, invoicing requirements, and rate review mechanisms
9. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP, including software and deliverables
10. Data Protection and Security: GDPR compliance, data processing terms, security requirements, and confidentiality obligations
11. Term and Termination: Contract duration, renewal provisions, and termination rights and procedures
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
13. Force Majeure: Events excusing performance and related procedures
14. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement, and governing law
1. Change Control: Formal procedures for making changes to services or contract terms - needed for complex or long-term engagements
2. Transition and Exit: Detailed provisions for service transition and exit management - important for business-critical services
3. Business Continuity: Business continuity and disaster recovery requirements - crucial for critical services or regulated sectors
4. Audit Rights: Customer's rights to audit service provider - important for regulated industries or when handling sensitive data
5. Service Credits: Financial compensation mechanism for service level failures - useful for critical services with strict SLA requirements
6. Parent Company Guarantee: Guarantee from service provider's parent company - relevant when contracting with subsidiaries
7. Anti-Bribery and Modern Slavery: Compliance with specific regulations - important when dealing with public sector or international services
8. Benchmarking: Rights to benchmark services against market - useful for long-term contracts or high-value services
1. Service Descriptions: Detailed specifications of each service type to be provided under the MSA
2. Service Levels: Specific service levels, measurement methods, and reporting requirements
3. Charges: Detailed pricing, rate cards, and charging mechanisms
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms and requirements
5. Security Requirements: Specific security standards, protocols, and compliance requirements
6. Form of Work Order: Template for individual work orders or statements of work
7. Key Personnel: Details of key personnel and their roles
8. Approved Subcontractors: List of pre-approved subcontractors and their authorized scope of work
9. Technical Standards: Required technical standards, methodologies, and compliance requirements
10. Business Continuity Plan: Detailed business continuity and disaster recovery procedures
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