This Managed Services Contract template is designed for use in arrangements where one party provides ongoing operational services to another under Maltese law jurisdiction. It is particularly relevant for businesses operating in or from Malta, whether serving local or international clients, and incorporates necessary compliance elements for both Maltese and EU regulations. The document addresses critical aspects including service levels, performance monitoring, data protection, and risk allocation, making it suitable for various service arrangements from IT outsourcing to facilities management. This template is specifically structured to accommodate Malta's unique position as an EU member state and international business hub, ensuring compatibility with both local commercial law requirements and EU-wide regulations such as GDPR.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and high-level objectives
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Services: Overview of services to be provided and service delivery obligations
5. Service Levels: Performance standards, KPIs, and measurement methodology
6. Customer Obligations: Customer's responsibilities and requirements for service delivery
7. Charges and Payment: Pricing, payment terms, invoicing, and financial obligations
8. Staff and Resources: Personnel requirements, qualifications, and resource management
9. Data Protection and Security: GDPR compliance, data handling, and security requirements
10. Intellectual Property Rights: Ownership and licensing of IP created or used in service delivery
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnities: Risk allocation, limitations of liability, and indemnification
13. Term and Termination: Contract duration, renewal, and termination rights
14. Exit and Migration: Process for service transition upon contract end
15. Force Majeure: Rights and obligations during events beyond reasonable control
16. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Change Control: Formal process for managing changes to services or contract terms - include for complex or long-term contracts
2. Disaster Recovery: Business continuity and disaster recovery procedures - include for critical services
3. Compliance and Audit: Regulatory compliance and audit rights - include for regulated industries or critical services
4. Insurance: Specific insurance requirements - include for high-risk services
5. Environmental Compliance: Environmental standards and obligations - include for services with environmental impact
6. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for public sector or high-value contracts
7. Sub-contracting: Rules for appointment and management of sub-contractors - include if sub-contracting is permitted
8. Service Credits: Financial consequences of service level failures - include for critical service levels
1. Service Description: Detailed specification of services to be provided
2. Service Levels and KPIs: Detailed performance metrics and measurement methodology
3. Charges: Detailed pricing structure, rates, and payment mechanics
4. Customer Dependencies: Detailed customer obligations and requirements
5. GDPR and Data Processing: Detailed data protection obligations and procedures
6. Security Requirements: Detailed security standards and procedures
7. Staff and Key Personnel: Details of key staff and personnel requirements
8. Exit Plan: Detailed transition and exit management procedures
9. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
10. Change Control Procedure: Detailed process for managing contract and service changes
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Gaming and iGaming
Healthcare
Telecommunications
Professional Services
Manufacturing
Logistics and Supply Chain
Real Estate
Retail
Education
Maritime Services
Relevant Teams
Legal
Operations
Procurement
Information Technology
Finance
Compliance
Risk Management
Commercial
Business Development
Service Delivery
Account Management
Data Protection
Project Management
Relevant Roles
Chief Executive Officer
Chief Operations Officer
Chief Technology Officer
Chief Financial Officer
Commercial Director
Procurement Manager
Legal Counsel
Compliance Officer
Operations Manager
Service Delivery Manager
Contract Manager
Project Manager
Risk Manager
IT Manager
Data Protection Officer
Facilities Manager
Account Manager
Business Development Manager
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