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Master Subscription Agreement Template for Malaysia

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Key Requirements PROMPT example:

Master Subscription Agreement

"I need a Master Subscription Agreement for my SaaS company based in Malaysia that provides enterprise-level project management software to corporate clients, with specific provisions for data protection compliance and service level commitments."

Document background
The Master Subscription Agreement serves as the foundational contract for businesses offering subscription-based products or services in Malaysia. It is designed to comply with Malaysian legislation, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. This agreement is particularly relevant for companies providing ongoing services, software access, or regular product deliveries, establishing the legal framework for the service provider-customer relationship. The MSA covers crucial elements such as service terms, pricing, usage rights, data protection, and service levels, while incorporating Malaysian legal requirements and business practices. It's structured to accommodate various subscription models while providing adequate protection for both parties' interests and ensuring regulatory compliance.
Suggested Sections

1. Parties: Identification of the contracting parties - service provider and customer

2. Background: Context of the agreement and brief description of the subscription services

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Subscription Services: Detailed description of services, access rights, and delivery methods

5. Term and Renewal: Initial term, renewal terms, and termination rights

6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

7. Service Provider Obligations: Core obligations including service delivery, support, and maintenance

8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

9. Data Protection: Compliance with PDPA 2010 and data handling obligations

10. Intellectual Property Rights: Ownership and licensing of IP, restrictions on use

11. Confidentiality: Protection of confidential information and trade secrets

12. Service Levels: Performance standards, metrics, and remedies for failure

13. Warranties and Disclaimers: Service provider warranties and limitations

14. Liability and Indemnification: Limitation of liability and mutual indemnification obligations

15. Force Majeure: Events beyond reasonable control and their consequences

16. Termination: Termination rights, causes, and consequences

17. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Professional Services: Additional implementation, training, or consulting services if offered

2. Security Requirements: Specific security standards and certifications if dealing with sensitive data

3. Disaster Recovery: Business continuity and disaster recovery procedures for critical services

4. Third-Party Integrations: Terms governing integration with third-party services or platforms

5. Change Management: Procedures for implementing changes to services or terms

6. Audit Rights: Customer audit rights for regulatory compliance or security purposes

7. Service Credits: Financial compensation scheme for service level failures

8. White Labeling: Terms for white-label or rebranding arrangements if applicable

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and features of the subscription services

2. Schedule 2 - Service Levels: Detailed service level agreements, metrics, and measurement methods

3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, pricing tiers, and payment terms

4. Schedule 4 - Support Services: Support level descriptions, response times, and escalation procedures

5. Schedule 5 - Data Processing Agreement: Detailed data protection obligations and procedures

6. Schedule 6 - Acceptable Use Policy: Detailed rules and restrictions for service usage

7. Schedule 7 - Service Implementation Plan: Timeline and milestones for service implementation if applicable

8. Appendix A - Technical Requirements: Customer system requirements and technical specifications

9. Appendix B - Authorized Users: Definition and categories of authorized users and access levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Relevant Industries

Technology and Software

Digital Services

Healthcare

Professional Services

Media and Entertainment

Education and E-learning

Financial Services

Telecommunications

Cloud Computing

Manufacturing

Retail

Consulting Services

Relevant Teams

Legal

Commercial

Sales

Information Technology

Operations

Compliance

Risk Management

Finance

Procurement

Product Development

Customer Success

Business Development

Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Commercial Director

Business Development Manager

Account Executive

Sales Director

Chief Technology Officer

Product Manager

Operations Manager

Compliance Officer

Risk Manager

Chief Financial Officer

Procurement Manager

IT Director

Chief Executive Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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