The Master Software As A Service Agreement serves as the primary contractual framework for organizations engaging in SaaS relationships within the Malaysian jurisdiction. This document is essential when establishing long-term SaaS service delivery arrangements, whether for single or multiple software solutions. It comprehensively addresses Malaysian legal requirements, including compliance with the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and relevant cybersecurity regulations. The agreement typically includes detailed provisions for service levels, support, data protection, security measures, and intellectual property rights, while accommodating Malaysian-specific commercial practices and regulatory requirements. It's designed to be scalable and adaptable for various SaaS implementations while maintaining consistency in core terms and compliance obligations.
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1. Parties: Identification of the contracting parties including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Service Provision: Description of the SaaS services, access rights, and service delivery terms
5. Service Levels and Support: Service level commitments, performance metrics, and support services
6. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection and Privacy: Compliance with PDPA 2010, data handling procedures, and privacy obligations
9. Security Requirements: Security measures, protocols, and breach notification procedures
10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Contract duration, renewal terms, and termination rights
13. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations
14. Force Majeure: Events beyond reasonable control and their impact on obligations
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Professional Services: Include when additional implementation, configuration, or consulting services are required
2. Disaster Recovery: Include for critical systems requiring specific disaster recovery commitments
3. Audit Rights: Include when customer requires rights to audit provider's security or compliance
4. Insurance: Include when specific insurance coverage requirements are needed
5. Service Credits: Include when financial compensation for service level failures is required
6. Data Migration: Include when specific provisions for data migration in/out are needed
7. Compliance with Industry Standards: Include when compliance with specific industry standards (e.g., ISO, SOC) is required
8. Third-Party Integration: Include when integration with third-party services is part of the solution
1. Service Description: Detailed technical specifications and functionality of the SaaS service
2. Service Level Agreement: Detailed service levels, measurement methods, and reporting requirements
3. Support Services: Support tier definitions, response times, and escalation procedures
4. Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Security Policy: Detailed security requirements, protocols, and compliance measures
6. Data Processing Agreement: Detailed data protection obligations and procedures in compliance with PDPA
7. Acceptable Use Policy: Detailed rules and restrictions for use of the service
8. Business Continuity Plan: Disaster recovery and business continuity procedures
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