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Master Service Agreement It Services Template for England and Wales

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Key Requirements PROMPT example:

Master Service Agreement It Services

"I need a Master Service Agreement IT Services for my software development company to provide cloud hosting and maintenance services to enterprise clients in the UK, with specific provisions for data protection and service level agreements with 99.9% uptime guarantee."

Document background
The Master Service Agreement IT Services is designed for organizations requiring a robust legal framework for ongoing IT service relationships under English and Welsh law. This agreement serves as the primary contract governing the delivery of IT services, establishing key commercial and legal terms while allowing flexibility through subsequent statements of work. It addresses essential elements including service levels, data protection, intellectual property rights, and risk allocation, while ensuring compliance with UK regulatory requirements. The agreement is particularly suited for complex or long-term IT service arrangements where multiple services may be added over time.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of IT services to be provided

5. Service Levels: Performance standards and metrics

6. Charges and Payment: Pricing, payment terms, and invoicing procedures

7. Data Protection: GDPR compliance and data handling obligations

8. Intellectual Property Rights: Ownership and usage rights of IP

9. Confidentiality: Protection of sensitive information

10. Term and Termination: Duration and termination provisions

11. Liability and Indemnities: Risk allocation between parties

12. Governing Law and Jurisdiction: Applicable law and dispute resolution

Optional Sections

1. Change Control: Process for managing changes to services - recommended for complex or long-term service arrangements

2. Business Continuity: Disaster recovery and service continuation - recommended for critical services or regulated industries

3. Staff and Key Personnel: Requirements for service delivery team - recommended when specific personnel are crucial to service delivery

4. Knowledge Transfer: Transfer of information and capabilities - recommended when service transition is complex

5. Exit Management: Procedures for service termination - recommended for complex services requiring managed transition

Suggested Schedules

1. Service Description Schedule: Detailed specification of services

2. Service Levels and KPIs Schedule: Detailed performance metrics and measurement

3. Charges Schedule: Detailed pricing structure and calculations

4. Data Processing Agreement: Detailed data protection obligations

5. Security Requirements Schedule: Security standards and procedures

6. Business Continuity Plan: Detailed disaster recovery procedures

7. Form of Change Order: Template for service changes

8. Exit Plan: Detailed transition-out procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










































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Industries

UK GDPR and Data Protection Act 2018: Core data protection legislation governing the processing of personal data, rights of data subjects, and obligations of data controllers/processors in the UK

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic communications, cookies, and direct marketing

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract to which they are not a direct party

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly regarding limitation of liability clauses

Consumer Rights Act 2015: Protects consumer rights in contracts if the agreement has a B2C element

Copyright, Designs and Patents Act 1988: Primary legislation governing intellectual property rights, particularly relevant for software and IT deliverables

Trade Marks Act 1994: Governs the protection and use of trademarks in commercial agreements

Database Rights Regulations 1997: Protects rights in databases, particularly relevant for IT services involving data management

IR35 Legislation: Tax legislation affecting contractors and service providers in IT sector

TUPE Regulations 2006: Protects employees' rights when business or service provision changes ownership

Electronic Commerce Regulations 2002: Governs electronic transactions and online service provision

Electronic Communications Act 2000: Provides legal framework for electronic signatures and electronic communications

Network and Information Systems Regulations 2018: Sets security requirements for network and information systems

Computer Misuse Act 1990: Criminalizes unauthorized access to computer systems and related activities

Competition Act 1998: Ensures fair competition and prohibits anti-competitive practices in service agreements

Supply of Goods and Services Act 1982: Sets basic requirements for service quality and fitness for purpose

Export Control Act 2002: Controls international transfers of technology and data

Financial Services and Markets Act 2000: Regulates financial services and markets, relevant if IT services involve financial sector

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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