This Master Services Agreement (MSA) template is designed for use in the Malaysian market, providing a comprehensive framework for businesses engaging in ongoing service relationships. It is particularly suitable when a service provider will be delivering multiple services to a customer over time, with the flexibility to add or modify specific services through separate statements of work. The MSA complies with Malaysian legal requirements, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. It includes essential provisions for service delivery, commercial terms, risk allocation, and operational matters, while allowing customization for specific industry requirements and business needs. This agreement type is commonly used in both domestic Malaysian transactions and cross-border arrangements where Malaysian law is chosen as the governing law.
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1. Parties: Identification and details of the contracting parties, including registration numbers and registered addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the MSA
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Scope of Services: General framework for services to be provided under the MSA and mechanism for adding specific services
5. Term and Renewal: Duration of the agreement, including commencement date and renewal provisions
6. Ordering Process: Procedure for requesting and confirming specific services under the MSA
7. Fees and Payment: General payment terms, invoicing procedures, and payment timelines
8. Service Provider Obligations: Core obligations, service standards, and compliance requirements
9. Customer Obligations: Customer's responsibilities and cooperation requirements
10. Intellectual Property Rights: Ownership and licensing of IP created or used during service provision
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with Malaysian Personal Data Protection Act and data handling requirements
13. Liability and Indemnities: Limitation of liability and indemnification obligations
14. Force Majeure: Rights and obligations during events beyond reasonable control
15. Termination: Termination rights, process, and consequences
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Insurance: Specific insurance requirements - include when services involve significant risks or regulatory requirements
2. Security Requirements: IT and physical security requirements - include for technology or sensitive facility access services
3. Compliance with Anti-Corruption Laws: Detailed anti-corruption provisions - include for high-value contracts or government-related services
4. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
5. Change Control: Formal process for changes to services or agreement - include for complex or technical services
6. Service Credits: Performance-based credits or penalties - include when specific service levels are crucial
7. Audit Rights: Customer's right to audit service provider - include for regulated industries or critical services
8. Environmental Compliance: Environmental standards and requirements - include for services with environmental impact
1. Schedule 1 - Service Descriptions: Detailed descriptions of available services and specific service requirements
2. Schedule 2 - Pricing and Commercial Terms: Detailed fee structure, rates, and commercial terms for each service type
3. Schedule 3 - Service Levels: Specific service levels, KPIs, and measurement criteria
4. Schedule 4 - Change Request Template: Standard form for requesting changes to services or terms
5. Schedule 5 - Key Personnel: List of key personnel from both parties and their roles
6. Schedule 6 - Technical Requirements: Technical specifications and requirements for service delivery
7. Schedule 7 - Governance and Reporting: Management structure, meeting schedule, and reporting requirements
8. Schedule 8 - Exit Plan: Transition and handover requirements upon termination
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