The MSA Contract serves as the primary agreement governing the ongoing relationship between service providers and their customers in Malta. It establishes the fundamental terms and conditions under which specific services will be delivered, typically through subsequent Statements of Work or Service Orders. This document is particularly important in the Maltese context as it must comply with both local civil law requirements and European Union regulations, especially regarding data protection, competition law, and consumer protection where applicable. The agreement is designed to provide a robust yet flexible framework that can accommodate various types of services while maintaining consistency in key areas such as risk allocation, governance, and compliance. It is commonly used by companies operating in or from Malta, particularly those providing cross-border services within the EU, and includes specific provisions addressing Maltese legal requirements and jurisdiction.
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1. Parties: Identification of the contracting parties with full legal names and registered addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Defined terms used throughout the agreement and their meanings
4. Services Framework: Overall framework for how services will be provided and Statement of Work process
5. Service Standards: Quality standards, performance metrics, and service levels
6. Ordering Process: Process for requesting and accepting individual services or work orders
7. Charges and Payment: Pricing structure, payment terms, invoicing procedures, and related financial provisions
8. Governance and Reporting: Management structure, reporting requirements, and meeting schedules
9. Intellectual Property Rights: Ownership and licensing of IP created or used during service provision
10. Data Protection and Security: GDPR compliance, data handling requirements, and security measures
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
13. Force Majeure: Handling of events beyond parties' reasonable control
14. Term and Termination: Duration, renewal, and termination provisions including consequences
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
16. Governing Law and Jurisdiction: Maltese law application and dispute resolution procedures
1. Insurance: Specific insurance requirements - include when services involve significant risks or regulatory requirements
2. Compliance with Laws: Detailed regulatory compliance obligations - include for regulated industries or complex services
3. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
4. Change Control: Formal process for changes to services or agreement - include for complex or long-term arrangements
5. Personnel Requirements: Specific requirements for service provider staff - include when personnel qualifications are crucial
6. Exit Management: Detailed transition provisions - include for complex services or where service continuity is critical
7. Anti-Bribery and Corruption: Specific anti-corruption provisions - include for international services or public sector work
8. Environmental Requirements: Environmental standards and compliance - include for services with environmental impact
9. Subcontracting: Rules for engaging subcontractors - include when subcontracting is likely
1. Schedule 1 - Service Descriptions: Detailed description of base services covered by the MSA
2. Schedule 2 - Charges: Detailed pricing structure, rate cards, and payment terms
3. Schedule 3 - Service Levels: Detailed service level agreements (SLAs) and performance metrics
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
5. Schedule 5 - Form of Statement of Work: Template for individual statements of work
6. Schedule 6 - Governance Procedures: Detailed procedures for contract and service management
7. Schedule 7 - Change Control Procedure: Detailed process for managing changes to services or agreement
8. Appendix A - Key Personnel: List of key personnel from both parties and their roles
9. Appendix B - Technical Requirements: Technical specifications and requirements for services
10. Appendix C - Security Requirements: Detailed security protocols and requirements
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