The Master Subscription Agreement serves as the cornerstone document for businesses providing subscription-based services in New Zealand. It is designed for scenarios where a service provider offers ongoing access to services, software, or platforms to customers on a subscription basis. This agreement type is particularly crucial in today's digital economy, where recurring service relationships are increasingly common. The MSA establishes the legal framework for service delivery, user rights, data protection, and commercial terms while ensuring compliance with New Zealand's legal requirements, including the Privacy Act 2020 and Contract and Commercial Law Act 2017. It is structured to protect both provider and customer interests while maintaining flexibility for service evolution and scalability.
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1. Parties: Identification of the service provider and customer, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the subscription services being provided
3. Definitions: Defined terms used throughout the agreement, including technical and legal terminology
4. Service Description: Detailed description of the subscription services, including scope and deliverables
5. Term and Renewal: Initial term of the agreement and renewal provisions
6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
7. Service Levels: Performance standards, availability commitments, and service level metrics
8. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
9. Provider Obligations: Provider's commitments, service delivery standards, and support services
10. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling requirements
11. Intellectual Property: IP ownership, licenses, and restrictions on use
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties: Service warranties and compliance with Consumer Guarantees Act
14. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
15. Termination: Termination rights, process, and consequences
16. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Professional Services: Include when additional implementation or consulting services are offered alongside the subscription
2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
3. Security Requirements: Include for services handling sensitive data or requiring specific security protocols
4. Audit Rights: Include when customer requires right to audit provider's operations or compliance
5. Service Credits: Include when offering financial compensation for service level failures
6. Insurance: Include when specific insurance coverage requirements are needed
7. Change Control: Include when formal process for service changes is required
8. Multi-tenant Provisions: Include for shared platform services with multiple customers
1. Schedule 1 - Service Description: Detailed technical specifications and service descriptions
2. Schedule 2 - Service Levels: Detailed service level agreements, metrics, and measurement methods
3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, pricing tiers, and payment terms
4. Schedule 4 - Support Services: Support level descriptions, response times, and escalation procedures
5. Schedule 5 - Security Standards: Detailed security requirements and compliance standards
6. Schedule 6 - Data Processing Agreement: Detailed data handling procedures and privacy compliance
7. Appendix A - Authorized Users: Definition and requirements for authorized users
8. Appendix B - Acceptable Use Policy: Detailed acceptable use terms and restrictions
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Cloud Services
Professional Services
Healthcare Technology
Financial Services
Education Technology
Digital Media and Content
Telecommunications
Business Services
Manufacturing and Industrial Services
Relevant Teams
Legal
Sales
Commercial
Procurement
Information Technology
Product
Operations
Compliance
Finance
Risk Management
Information Security
Relevant Roles
Chief Legal Officer
Legal Counsel
Commercial Director
Head of Sales
Chief Technology Officer
Product Manager
Procurement Manager
Contract Manager
Compliance Officer
Account Executive
Business Development Manager
Operations Director
Risk Manager
Information Security Officer
Chief Financial Officer
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