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Mutual Service Agreement
"I need a Mutual Service Agreement under Irish law for a technology company exchanging software development and cloud hosting services with a data analytics provider, with specific emphasis on data protection and service level requirements, to be effective from March 2025."
1. Parties: Identifies and provides full legal details of both parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the mutual intention to provide services to each other
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Services: Detailed description of the services to be provided by each party to the other
5. Service Standards: Establishes the quality standards and performance levels required from both parties
6. Mutual Obligations: Sets out the core obligations and responsibilities of each party
7. Fees and Payment: Details the fee structure, payment terms, and any set-off arrangements between parties
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Intellectual Property Rights: Addresses ownership and usage rights of IP created or used during service delivery
10. Confidentiality: Establishes mutual obligations regarding confidential information
11. Data Protection: Sets out compliance requirements with GDPR and Irish data protection laws
12. Liability and Indemnities: Defines the extent of each party's liability and indemnification obligations
13. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery
14. Governing Law and Jurisdiction: Confirms Irish law governance and jurisdiction for disputes
15. General Provisions: Contains standard boilerplate clauses including notices, assignment, and entire agreement
1. Insurance: Required when services involve significant risks or regulatory requirements for insurance coverage
2. Personnel: Needed when specific staff or key personnel are critical to service delivery
3. Change Control: Include when services are likely to require formal modification procedures
4. Audit Rights: Important when compliance verification or performance monitoring is required
5. Business Continuity: Necessary for critical services requiring disaster recovery planning
6. Anti-Bribery and Corruption: Include when services involve public sector or high-risk jurisdictions
7. Environmental Compliance: Required when services have environmental impacts or risks
8. Security Requirements: Include when services involve handling sensitive information or systems access
9. Dispute Resolution: Optional detailed procedures for handling disputes before litigation
1. Schedule 1 - Service Specifications: Detailed technical specifications of services provided by each party
2. Schedule 2 - Service Levels: Specific performance metrics and KPIs for each service
3. Schedule 3 - Charges and Payment: Detailed fee structures, rates, and payment mechanisms
4. Schedule 4 - Key Personnel: Names and roles of key staff members from each party
5. Schedule 5 - Data Processing Requirements: Specific data handling and protection requirements
6. Schedule 6 - Change Control Procedures: Detailed processes for implementing service changes
7. Schedule 7 - Exit Plan: Procedures for service transition upon agreement termination
8. Appendix A - Contact Details: Key contact information for both parties
9. Appendix B - Required Insurance Coverage: Specific insurance types and coverage levels required
Authors
Information Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Education
Telecommunications
Construction
Real Estate
Retail
Energy
Transportation
Media and Entertainment
Business Process Outsourcing
Legal
Operations
Commercial
Procurement
Finance
Compliance
Risk Management
Business Development
Account Management
Project Management
Service Delivery
Contract Administration
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Commercial Director
Head of Legal
Legal Counsel
Operations Director
Procurement Manager
Contract Manager
Service Delivery Manager
Business Development Director
Risk Manager
Compliance Officer
Project Manager
Account Manager
Partnership Manager
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