The Master Service Agreement For IT Services is a foundational document used when establishing a long-term IT service relationship between a service provider and customer in Malaysia. It provides a comprehensive framework for the delivery of IT services, incorporating requirements under Malaysian law including the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and relevant cybersecurity regulations. This agreement is typically used when organizations need to establish a structured relationship for ongoing IT services, whether for system maintenance, software development, cloud services, or technical support. It includes detailed provisions for service levels, data protection, intellectual property rights, and operational requirements, with flexibility to add specific services through statements of work or service orders. The agreement is designed to protect both parties' interests while ensuring compliance with Malaysian regulatory requirements and industry standards.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Services: Overview of IT services to be provided and service framework
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Key responsibilities and commitments of the customer
7. Service Levels: Service level requirements and measurement metrics
8. Charges and Payment: Pricing structure, payment terms, and invoicing procedures
9. Data Protection and Security: Compliance with PDPA and security requirements
10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
13. Term and Termination: Duration, renewal, and termination provisions
14. Force Majeure: Handling of events beyond reasonable control
15. Governing Law and Dispute Resolution: Application of Malaysian law and dispute resolution procedures
1. Change Control: Procedures for managing changes to services or agreement terms - include for complex service arrangements
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
3. Staff and Key Personnel: Requirements for service provider personnel - include when specific expertise or security clearance is needed
4. Compliance with Anti-Bribery Laws: Anti-corruption compliance - include for high-value contracts or government-related services
5. Export Control: Export control compliance - include when dealing with international data transfers or technology
6. Source Code Escrow: Source code protection arrangements - include when custom software is developed
7. Parent Company Guarantee: Additional financial security - include when service provider's financial strength is a concern
8. Audit Rights: Enhanced audit provisions - include for regulated industries or critical services
1. Schedule 1 - Services Description: Detailed description of each service to be provided
2. Schedule 2 - Service Levels and Service Credits: Detailed SLA metrics, measurement methods, and service credit calculations
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones
4. Schedule 4 - Security Requirements: Specific security protocols, standards, and compliance requirements
5. Schedule 5 - Governance and Reporting: Service management, meeting schedules, and reporting requirements
6. Schedule 6 - Form of Change Control Notice: Template and process for change requests
7. Schedule 7 - Exit Plan and Transition Services: Requirements and procedures for service transition upon termination
8. Schedule 8 - Technical Requirements: Technical specifications and standards
9. Appendix A - Approved Subcontractors: List of approved subcontractors and their scope of work
10. Appendix B - Key Personnel: Details of key personnel assigned to the services
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