The Service Agreement Between Two Companies is a fundamental legal document used when establishing formal business relationships for service provision in Malta. This agreement template is specifically designed to comply with Maltese legal requirements and EU regulations, making it suitable for both local and international business arrangements where Maltese law governs. It's particularly relevant when companies need to formalize their service arrangements, whether for ongoing professional services, project-based work, or recurring business support functions. The document includes comprehensive provisions for service delivery, performance standards, payment terms, liability limitations, and data protection requirements, all aligned with Maltese commercial law and EU directives. This template is adaptable to various industries while maintaining the core legal requirements necessary for enforceability under Maltese jurisdiction.
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1. Parties: Identification of the contracting companies, including registration numbers and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Defined terms used throughout the agreement
4. Services: Detailed description of services to be provided
5. Duration and Term: Contract period, commencement date, and renewal terms
6. Fees and Payment: Payment terms, rates, invoicing process, and payment timeline
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Service Levels: Performance standards and quality metrics for service delivery
10. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Termination: Grounds for termination and termination process
15. Force Majeure: Provisions for unforeseen circumstances preventing performance
16. Governing Law and Jurisdiction: Confirmation of Maltese law application and jurisdiction
17. General Provisions: Standard boilerplate clauses including notices, amendment process, and severability
1. Insurance: Insurance requirements - include when services involve significant risks or physical presence
2. Personnel: Requirements for service provider's staff - include when services are delivered by specific individuals
3. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries
4. Non-Competition: Restrictions on competitive activities - include when sharing sensitive market information
5. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
6. Security Requirements: IT and physical security measures - include when handling sensitive systems or premises
7. Change Control: Process for managing changes to services - include for complex or evolving services
8. Audit Rights: Client's right to audit service provider - include for regulated services or critical operations
9. Exit Management: Detailed transition arrangements - include for complex or business-critical services
1. Service Description: Detailed technical specifications and scope of services
2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies
3. Pricing and Payment Schedule: Detailed fee structure, rates, and payment terms
4. Key Personnel: List of key staff members and their roles
5. Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Security Policies: Detailed security protocols and requirements
7. Change Request Template: Standard form for requesting service changes
8. Service Reports: Templates and requirements for service reporting
9. Contact Details: Key contacts and escalation matrix
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