The Global Master Service Agreement (GMSA) is designed for businesses seeking to establish a long-term service relationship with global reach while ensuring compliance with Nigerian law. This document is particularly relevant when companies need a flexible framework that can accommodate various types of services across multiple jurisdictions, with Nigeria serving as the governing law jurisdiction. The GMSA sets out the overarching terms and conditions that will govern all service arrangements between the parties, including service delivery standards, compliance requirements, risk allocation, and dispute resolution mechanisms. It is structured to allow for the addition of specific services through separate orders or statements of work, making it adaptable to evolving business needs while maintaining consistent core terms. The agreement incorporates necessary provisions to comply with Nigerian regulatory requirements, particularly in areas such as data protection, foreign exchange, and corporate governance.
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1. Parties: Identification of the contracting parties, including registered addresses and company details
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Structure and Scope: Framework of the agreement and scope of services to be provided
5. Service Orders and Statements of Work: Process for requesting and agreeing to specific services
6. Service Provider Obligations: Core obligations, service levels, and performance standards
7. Customer Obligations: Customer responsibilities and cooperation requirements
8. Fees and Payment: Pricing structure, payment terms, invoicing, and tax considerations
9. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection and Privacy: Compliance with NDPR and international data protection requirements
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Term and Termination: Duration, renewal, and termination provisions
14. Force Majeure: Handling of events beyond parties' reasonable control
15. Dispute Resolution: Process for resolving disputes, including arbitration provisions
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Compliance with Anti-Corruption Laws: Required when services involve government entities or high-risk jurisdictions
2. Insurance: Detailed insurance requirements, recommended for high-risk or high-value services
3. Security Requirements: Needed when services involve sensitive data or systems access
4. Business Continuity and Disaster Recovery: Required for critical services or long-term engagements
5. Environmental and Social Responsibility: Important for services with environmental impact or public visibility
6. Import/Export Controls: Necessary when services involve cross-border technology transfer
7. Personnel and Subcontracting: Required when service delivery involves key personnel or subcontractors
8. Transition Services: Important for complex services requiring handover periods
1. Schedule 1 - Service Descriptions: Detailed description of available services and delivery parameters
2. Schedule 2 - Service Levels and KPIs: Performance metrics, measurement methods, and remedies
3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, rates, and payment procedures
4. Schedule 4 - Data Processing Agreement: Detailed data protection and privacy requirements
5. Schedule 5 - Security Requirements: Information security standards and procedures
6. Schedule 6 - Form of Service Order: Template for ordering specific services under the agreement
7. Schedule 7 - Governance and Reporting: Management structure and reporting requirements
8. Schedule 8 - Business Continuity Plan: Disaster recovery and service continuity procedures
9. Appendix A - Approved Subcontractors: List of pre-approved subcontractors and their roles
10. Appendix B - Technical Requirements: Technical specifications and standards for service delivery
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