The Master Service Level Agreement (MSLA) is a foundational document used to establish a long-term service delivery relationship between organizations operating in Malaysia. It is particularly relevant when a service provider will be delivering multiple services or serving multiple entities within a customer's group over time. The MSLA provides a comprehensive framework that addresses service delivery standards, performance metrics, governance procedures, and compliance with Malaysian regulations including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant industry-specific requirements. This agreement type is designed to reduce negotiation time and ensure consistency across service arrangements by establishing standard terms that apply to all services, while allowing flexibility through separate service orders or statements of work for specific service requirements.
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1. Parties: Identification and details of the service provider and customer, including registration numbers and registered addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the services
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Term and Renewal: Duration of the agreement, including commencement date and renewal provisions
5. Services Overview: High-level description of services covered under the agreement
6. Service Levels and Performance Metrics: Detailed service level requirements, KPIs, and measurement methodologies
7. Monitoring and Reporting: Requirements for service performance monitoring and regular reporting
8. Charges and Payment Terms: Pricing structure, payment terms, invoicing procedures, and related financial provisions
9. Customer Obligations: Responsibilities and obligations of the customer to enable service delivery
10. Service Provider Obligations: Core responsibilities and commitments of the service provider
11. Governance and Change Management: Framework for managing the relationship and handling changes to services or agreement
12. Data Protection and Privacy: Compliance with PDPA 2010 and data handling requirements
13. Confidentiality: Protection of confidential information and trade secrets
14. Intellectual Property Rights: Ownership and usage rights of IP related to services
15. Liability and Indemnities: Limitation of liability and indemnification provisions
16. Force Majeure: Provisions for handling events beyond reasonable control
17. Termination: Grounds for termination and termination procedures
18. Exit and Transition: Requirements for service transition upon termination
19. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Disaster Recovery and Business Continuity: Required for critical services or when handling sensitive data
2. Security Requirements: Needed for services involving IT systems or sensitive information
3. Regulatory Compliance: Required for regulated industries or services
4. Anti-Bribery and Corruption: Important for high-value contracts or government-related services
5. Environmental and Social Responsibility: Relevant for services with environmental impact or ESG requirements
6. Insurance: Detailed insurance requirements for high-risk services
7. Personnel and Key Staff: Important when specific staff or qualifications are crucial to service delivery
8. Subcontracting: Required when subcontracting is permitted or restricted
9. Export Control: Needed for services involving international data transfer or technology
10. Local Content Requirements: Required for services subject to Malaysian local content regulations
1. Schedule 1 - Service Descriptions: Detailed specifications of each service offered
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies
3. Schedule 3 - Charges and Pricing: Detailed pricing structure, rates, and calculation methodologies
4. Schedule 4 - Governance Procedures: Detailed procedures for governance meetings, escalation, and reporting
5. Schedule 5 - Change Control Procedure: Process for requesting, approving, and implementing changes
6. Schedule 6 - Security Policies: Detailed security requirements and procedures
7. Schedule 7 - Business Continuity Plan: Disaster recovery and business continuity procedures
8. Schedule 8 - Exit Plan: Detailed transition requirements and procedures
9. Appendix A - Contact Details: Key contacts and escalation matrix
10. Appendix B - Required Reports: Templates and specifications for required service reports
11. Appendix C - Approved Subcontractors: List of approved subcontractors if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Business Process Outsourcing
Telecommunications
Professional Services
Facilities Management
Manufacturing
Financial Services
Healthcare
Logistics and Supply Chain
Energy and Utilities
Education
Retail
Construction
Real Estate
Relevant Teams
Legal
Procurement
Operations
Finance
Information Technology
Risk and Compliance
Commercial
Service Delivery
Quality Assurance
Business Development
Project Management
Vendor Management
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Chief Technology Officer
Chief Legal Officer
Head of Procurement
Legal Counsel
Contract Manager
Procurement Manager
Operations Director
Service Delivery Manager
Account Manager
Risk Manager
Compliance Officer
Commercial Director
Business Development Manager
Project Manager
Quality Assurance Manager
Vendor Manager
IT Director
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