The Master Service Agreement Software Development is a foundational document used to establish a long-term contractual relationship between a software development service provider and a client in Malaysia. This agreement is particularly crucial when parties anticipate multiple software development projects or ongoing development services over time. It provides the legal and operational framework under Malaysian law, addressing key aspects such as intellectual property rights, service standards, data protection, and dispute resolution. The agreement incorporates local regulatory requirements including compliance with the Contracts Act 1950, Personal Data Protection Act 2010, and Digital Signature Act 1997. It allows for specific project details to be handled through subsequent statements of work while maintaining consistent overarching terms and conditions.
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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 software development services to be provided
5. Service Provider's Obligations: Key responsibilities and commitments of the developer
6. Client's Obligations: Key responsibilities and commitments of the client
7. Project Governance: Management structure, reporting, and communication protocols
8. Change Control: Process for managing changes to services or specifications
9. Acceptance Testing: Procedures for testing and accepting deliverables
10. Intellectual Property Rights: Ownership and licensing of developed software and materials
11. Fees and Payment: Pricing, payment terms, and invoicing procedures
12. Confidentiality: Protection and handling of confidential information
13. Data Protection: Compliance with data protection laws and data handling requirements
14. Warranties and Representations: Guarantees regarding services, deliverables, and capacity
15. Liability and Indemnities: Risk allocation and liability limitations
16. Term and Termination: Duration, renewal, and termination provisions
17. Force Majeure: Handling of events beyond parties' reasonable control
18. General Provisions: Standard boilerplate clauses including notices, assignment, etc.
19. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms
1. Security Requirements: Specific security protocols and requirements, used when handling sensitive data or systems
2. Service Levels: Specific performance metrics and remedies, used when service levels are critical
3. Business Continuity: Disaster recovery and business continuity requirements, used for mission-critical systems
4. Source Code Escrow: Source code deposit and release conditions, used when source code access is critical
5. Personnel Requirements: Specific staff qualification or security clearance requirements, used for sensitive projects
6. Compliance with Specific Regulations: Additional regulatory compliance requirements, used for regulated industries
7. Third-Party Components: Management of third-party software and licenses, used when significant third-party components are involved
8. International Data Transfers: Provisions for cross-border data transfers, used when data crosses jurisdictions
9. Training and Knowledge Transfer: Requirements for training client staff, used when knowledge transfer is critical
1. Schedule 1 - Services Description: Detailed description of software development services and methodology
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics and measurement criteria
3. Schedule 3 - Charges and Payment Terms: Detailed pricing, payment structure, and calculations
4. Schedule 4 - Change Control Procedure: Detailed process for requesting and implementing changes
5. Schedule 5 - Technical Requirements: Detailed technical specifications and requirements
6. Schedule 6 - Testing and Acceptance Criteria: Detailed testing procedures and acceptance criteria
7. Schedule 7 - Security Requirements: Detailed security protocols and compliance requirements
8. Schedule 8 - Personnel and Key Contacts: Key personnel, roles, and contact information
9. Appendix A - Project Timeline: Project phases, milestones, and delivery dates
10. Appendix B - Form of Change Order: Template for documenting and approving changes
11. Appendix C - Acceptance Certificate: Template for documenting acceptance of deliverables
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