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Master Service Agreement And Statement Of Work

Master Service Agreement And Statement Of Work Template for India

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Master Service Agreement And Statement Of Work

"I need a Master Service Agreement and Statement of Work for providing IT consulting and software development services to a large Indian manufacturing company, with specific provisions for data security, source code ownership, and the ability to add multiple project-specific SOWs over time."

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Document background
The Master Service Agreement And Statement of Work is a vital commercial document used when establishing ongoing service relationships that require both a stable framework and flexibility for specific projects. It is particularly relevant in the Indian business context where service outsourcing and professional services are major economic drivers. The document serves two key purposes: the MSA portion establishes the overarching legal and commercial framework, while the SOW mechanism allows for detailed specification of individual projects or service components. This structure is especially valuable for long-term business relationships where multiple projects or service engagements are anticipated. The document incorporates Indian legal requirements including those from the Indian Contract Act, IT Act, and relevant sector-specific regulations, while providing mechanisms for compliance with data protection, intellectual property, and tax laws.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names, addresses, and company registration details

2. Background: Context of the agreement, relationship between parties, and general purpose of the service arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement and SOWs

4. Scope of Agreement: Overview of services framework, relationship structure, and process for adding SOWs

5. Service Provider Obligations: General obligations, service standards, compliance requirements, and personnel requirements

6. Client Obligations: Client responsibilities, provision of access, information, and resources

7. Fees and Payment Terms: General payment terms, invoicing process, expenses, taxes, and late payment consequences

8. Intellectual Property Rights: Ownership of pre-existing and newly created IP, licenses, and usage rights

9. Confidentiality: Protection of confidential information, permitted uses, and disclosure obligations

10. Data Protection and Privacy: Data handling obligations, compliance with privacy laws, and security measures

11. Term and Termination: Agreement duration, renewal terms, termination rights, and post-termination obligations

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

13. Force Majeure: Events excusing performance, notification requirements, and consequences

14. Dispute Resolution: Process for resolving disputes, governing law, and jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Compliance with Anti-Corruption Laws: Required when dealing with government entities or in highly regulated industries

2. Export Control: Necessary when services involve cross-border technology transfer or data movement

3. Source Code Escrow: Include when software development is a key component of services

4. Business Continuity: Important for critical services or long-term strategic relationships

5. Environmental and Social Responsibility: Relevant for services with environmental impact or corporate social responsibility requirements

6. Parent Company Guarantee: Include when seeking additional financial security from service provider's parent company

7. Change Control Process: Detailed process for managing changes to services or SOWs, important for complex service relationships

Suggested Schedules

1. Schedule 1 - Statement of Work Template: Standard template for all SOWs including sections for scope, deliverables, timeline, pricing, and acceptance criteria

2. Schedule 2 - Service Levels: Detailed service level agreements, KPIs, and performance measurement criteria

3. Schedule 3 - Price List: Standard rates, pricing structure, and cost calculation methodologies

4. Schedule 4 - Security Requirements: Detailed security protocols, standards, and compliance requirements

5. Schedule 5 - Data Processing Agreement: Detailed terms for handling personal data and ensuring privacy compliance

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors and terms for engaging new ones

7. Appendix A - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

8. Appendix B - Key Personnel: Identification of key team members and their roles

9. Appendix C - Technical Requirements: Detailed technical specifications and standards for service delivery

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions












































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Relevant Industries

Information Technology

Business Process Outsourcing

Professional Services

Management Consulting

Engineering Services

Healthcare Services

Financial Services

Telecommunications

Manufacturing

Research and Development

Digital Marketing

Software Development

Education and Training

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Risk and Compliance

Information Technology

Project Management

Business Development

Service Delivery

Account Management

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

General Counsel

Legal Director

Commercial Director

Procurement Manager

Contract Manager

Project Manager

Account Manager

Service Delivery Manager

Operations Manager

Finance Manager

Risk Manager

Compliance Officer

Technical Director

IT Manager

Business Development Manager

Industries










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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