This Managed Services Agreement is designed for use in the Malaysian market where organizations seek to outsource specific operational functions or services to specialized service providers. The agreement is structured to comply with Malaysian legal requirements, including the Contracts Act 1950 and sector-specific regulations. It is particularly relevant for arrangements where a service provider takes responsibility for managing and delivering specific business functions, IT services, or operational processes on an ongoing basis. The document includes comprehensive provisions for service delivery, performance management, data protection, risk allocation, and governance frameworks, while incorporating specific requirements of Malaysian law regarding contract formation, enforcement, and data protection. This agreement type is commonly used in both private and public sector arrangements, ranging from IT infrastructure management to business process outsourcing.
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1. Parties: Identification of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement, business relationship, and high-level purpose of the services
3. Definitions: Defined terms used throughout the agreement, including technical and operational terminology
4. Services Scope: Overview of services to be provided, service boundaries, and general obligations
5. Term and Renewal: Duration of the agreement, commencement date, and renewal provisions
6. Service Provider Obligations: Key responsibilities and commitments of the service provider
7. Customer Obligations: Key responsibilities and commitments of the customer
8. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
9. Service Levels: Performance standards, measurement, and remedies for failure
10. Governance and Management: Contract management, reporting, meetings, and escalation procedures
11. Data Protection and Security: Compliance with PDPA and security requirements
12. Intellectual Property: Ownership and licensing of IP rights
13. Confidentiality: Protection of confidential information and trade secrets
14. Liability and Indemnities: Risk allocation, limitations of liability, and indemnification obligations
15. Force Majeure: Provisions for handling events beyond parties' reasonable control
16. Termination: Termination rights, consequences, and exit provisions
17. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Change Control: Procedures for managing changes to services or agreement terms - needed for complex or long-term agreements
2. Disaster Recovery: Business continuity and disaster recovery requirements - important for critical services
3. Staff and Key Personnel: Requirements for service delivery staff and key personnel - relevant when specific expertise is crucial
4. Third Party Contracts: Management of subcontractors and third-party providers - needed when subcontracting is involved
5. Compliance and Audit: Specific compliance requirements and audit rights - important for regulated industries
6. Insurance: Specific insurance requirements - relevant for high-risk services
7. Anti-Bribery and Corruption: Specific anti-corruption provisions - important for public sector or high-value contracts
8. Data Migration: Provisions for initial data migration - needed when service involves significant data transfer
9. Environmental Requirements: Environmental compliance and sustainability requirements - relevant for services with environmental impact
1. Service Description: Detailed description of each service component and delivery requirements
2. Service Levels and KPIs: Detailed service level definitions, measurements, and calculations
3. Charges: Detailed pricing, rate cards, and charging mechanisms
4. Customer Dependencies: Detailed customer responsibilities and requirements
5. Technical Requirements: Technical specifications and requirements for service delivery
6. Security Requirements: Detailed security policies and procedures
7. Business Continuity Plan: Detailed business continuity and disaster recovery procedures
8. Transition Plan: Implementation and service transition requirements
9. Exit Plan: Detailed termination assistance and exit management procedures
10. Governance Procedures: Detailed governance framework and processes
11. Form of Change Order: Template for documenting and approving changes
12. Approved Subcontractors: List of approved subcontractors and their roles
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Energy
Education
Government and Public Sector
Relevant Teams
Legal
Procurement
Information Technology
Operations
Finance
Risk and Compliance
Commercial
Vendor Management
Service Delivery
Project Management
Relevant Roles
Chief Information Officer
Head of Procurement
Legal Counsel
Contract Manager
Operations Director
IT Director
Chief Technology Officer
Procurement Manager
Vendor Manager
Service Delivery Manager
Commercial Manager
Risk Manager
Compliance Officer
Chief Financial Officer
Project Manager
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