The Software Master Services Agreement serves as the primary contractual framework for organizations engaging in long-term software service relationships. This agreement, governed by English and Welsh law, provides the foundation for managing software service delivery, establishing clear responsibilities, and protecting both parties' interests. It includes essential provisions for data protection, intellectual property, service levels, and risk allocation, while allowing flexibility through subsequent statements of work. The document is particularly crucial in today's digital economy where software services form a critical component of business operations.
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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: Description of software services to be provided
5. Payment Terms: Fees, payment schedule, and invoicing details
6. Intellectual Property Rights: Ownership and licensing of IP
7. Data Protection: GDPR compliance and data handling obligations
8. Confidentiality: Protection of confidential information
9. Term and Termination: Duration and termination provisions
10. Liability and Indemnities: Limitation of liability and indemnification
1. Change Control: Process for managing changes to services - used for complex or long-term arrangements
2. Service Levels: Performance metrics and remedies - used when specific service levels are required
3. Business Continuity: Disaster recovery and business continuity - used for business-critical services
4. Staff and Key Personnel: Requirements for service delivery team - used when specific personnel are crucial
5. Security Requirements: Specific security obligations - used when handling sensitive data or systems
1. Service Description Schedule: Detailed description of services and deliverables
2. Charges Schedule: Detailed pricing structure and rate card
3. Service Levels Schedule: Detailed SLAs and performance metrics
4. Data Processing Agreement: GDPR-compliant data processing terms
5. Change Control Procedure: Detailed process for managing changes
6. Support Services Schedule: Details of maintenance and support services
7. Business Continuity Plan: Disaster recovery procedures
8. Exit Plan: Transition arrangements upon termination
Relevant legal definitions
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