The Master Subscription Agreement serves as the primary contractual framework for companies providing subscription-based services in the Philippines. It is specifically designed to comply with Philippine legislation, including the Electronic Commerce Act (RA 8792), Data Privacy Act (RA 10173), and Consumer Act (RA 7394). This agreement is typically used when establishing long-term subscription services, whether for software, digital platforms, or recurring services. It includes detailed provisions for service delivery, performance standards, data protection, payment terms, and compliance requirements. The document incorporates both Philippine-specific legal requirements and international best practices, making it suitable for local companies and multinational corporations operating in the Philippine market.
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1. Parties: Identification of the contracting parties, including registered addresses and company details as required under Philippine law
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Detailed definitions of terms used throughout the agreement, including specific Philippine legal terms where applicable
4. Subscription Services: Detailed description of the services, access rights, and usage terms
5. Term and Renewal: Initial term, renewal conditions, and termination rights
6. Fees and Payment: Pricing, payment terms, billing cycles, and late payment consequences
7. Service Levels: Performance standards, availability commitments, and remedies for failure
8. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
9. Data Protection and Privacy: Compliance with Philippine Data Privacy Act, data handling procedures, and privacy obligations
10. Intellectual Property Rights: IP ownership, licenses, and restrictions in accordance with Philippine IP Code
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service warranties and limitations aligned with Philippine consumer protection laws
13. Limitation of Liability: Liability caps and exclusions permitted under Philippine law
14. Termination: Termination rights, procedures, and consequences
15. General Provisions: Standard clauses including notices, assignment, severability, and entire agreement
1. Professional Services: Include when additional implementation, training, or consulting services are offered
2. Disaster Recovery: Include for critical services requiring specific recovery commitments
3. Security Requirements: Include when handling sensitive data or for enterprise customers
4. Change Management: Include for complex services requiring formal change control procedures
5. Audit Rights: Include for financial services or highly regulated industries
6. Service Credits: Include when offering financial compensation for service level failures
7. Anti-Corruption: Include when dealing with government entities or international operations
8. Insurance Requirements: Include for high-risk services or enterprise customers
1. Service Description Schedule: Detailed technical specifications and service descriptions
2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Data Processing Agreement: Detailed data handling procedures and privacy requirements
5. Support Services Schedule: Support level descriptions, response times, and escalation procedures
6. Acceptable Use Policy: Detailed rules and restrictions for service usage
7. Security Schedule: Detailed security measures and compliance requirements
8. Business Continuity Plan: Disaster recovery and business continuity procedures
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