The Master Service Agreement For IT Services is a fundamental commercial contract used when establishing long-term IT service relationships in Nigeria. It is particularly relevant when organizations require ongoing IT services, multiple service engagements, or complex technology solutions over time. This agreement provides a comprehensive framework that addresses key aspects of IT service delivery including service levels, data protection, security requirements, and compliance with Nigerian regulations such as the NDPR and Cybercrimes Act. The document eliminates the need to negotiate separate agreements for each service engagement while ensuring consistency in terms and conditions. It is designed to accommodate various IT services ranging from software development and maintenance to cloud services and technical support, making it suitable for both domestic and international service providers operating in Nigeria.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: General framework of IT services to be provided under the agreement
5. Service Orders: Process for requesting and accepting specific services under the master agreement
6. Service Levels: Standard performance metrics and service level requirements
7. Charges and Payment: Pricing structure, payment terms, and invoicing procedures
8. Data Protection and Security: Obligations regarding data handling, security measures, and NDPR compliance
9. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and circumstances for termination
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. Dispute Resolution: Procedures for resolving disputes under Nigerian law
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Personnel and Subcontractors: Terms governing service provider's staff and use of subcontractors - include when services involve on-site work or substantial subcontracting
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical IT services
3. Change Control: Procedures for managing changes to services or agreement terms - include for complex or long-term services
4. Transition Services: Terms for handling service transition at start and end of agreement - include when complex system handovers are involved
5. Compliance with Anti-Corruption Laws: Specific anti-corruption provisions - include for high-value contracts or government-related services
6. Insurance: Specific insurance requirements - include when services involve significant risks or high-value deliverables
7. Source Code Escrow: Terms for source code protection and access - include when custom software development is involved
8. Export Control: Compliance with import/export regulations - include when services involve cross-border data or technology transfer
1. Schedule 1 - Service Description: Detailed description of all IT services covered under the agreement
2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements, metrics, and measurement methods
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment terms
4. Schedule 4 - Security Requirements: Specific security protocols, standards, and compliance requirements
5. Schedule 5 - Data Processing Agreement: Detailed terms for personal data processing in compliance with NDPR
6. Schedule 6 - Technical Requirements: Technical specifications and requirements for service delivery
7. Schedule 7 - Governance and Reporting: Management structure, meeting schedules, and reporting requirements
8. Schedule 8 - Form of Service Order: Template for individual service orders under the master agreement
9. Appendix A - Approved Subcontractors: List of pre-approved subcontractors and their scope of work
10. Appendix B - Contact Details: Key personnel and contact information for both parties
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