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Managed Backup Service Agreement

Managed Backup Service Agreement Template for Malaysia

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Key Requirements PROMPT example:

Managed Backup Service Agreement

"I need a Managed Backup Service Agreement for a healthcare clinic in Kuala Lumpur, with specific provisions for patient data protection and compliance with healthcare regulations, including daily backups and a 7-year retention period."

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Document background
This Managed Backup Service Agreement is essential for organizations in Malaysia seeking to outsource their data backup and recovery operations to specialized service providers. The agreement is designed to comply with Malaysian legislation, including the Personal Data Protection Act 2010 and the Communications and Multimedia Act 1998. It addresses critical aspects such as service scope, data security, confidentiality, and performance metrics while providing clear guidelines for both service providers and customers. The document is particularly important given the increasing reliance on digital data and the need for secure, reliable backup solutions in the Malaysian business environment. It includes comprehensive terms for service delivery, technical specifications, and risk allocation, making it suitable for both small-scale implementations and enterprise-level backup solutions.
Suggested Sections

1. Parties: Identification of the service provider and customer, including registered addresses and company registration numbers

2. Background: Context of the agreement and brief description of the backup services to be provided

3. Definitions and Interpretation: Definitions of technical terms, service components, and legal terminology used throughout the agreement

4. Service Scope: Detailed description of the backup services, including backup types, frequency, and covered systems

5. Service Provider Obligations: Core responsibilities of the service provider, including service delivery, maintenance, and support

6. Customer Obligations: Customer responsibilities, including providing access, maintaining system requirements, and cooperation

7. Data Protection and Security: Compliance with PDPA 2010 and security measures for data protection

8. Service Levels: Service level agreements, performance metrics, and remedy mechanisms

9. Fees and Payment: Pricing structure, payment terms, and billing procedures

10. Intellectual Property Rights: Ownership and usage rights of software, systems, and data

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions

13. Term and Termination: Contract duration, renewal terms, and termination conditions

14. Force Majeure: Provisions for unforeseeable circumstances affecting service delivery

15. General Provisions: Standard legal clauses including notices, assignment, and governing law

Optional Sections

1. Disaster Recovery: Additional provisions for disaster recovery services and procedures, included when disaster recovery is part of the service offering

2. Multi-Site Backup: Specific terms for customers requiring backup services across multiple locations

3. Data Migration: Terms governing the initial migration of data to the backup system, included for new service implementations

4. Third-Party Integration: Provisions for integration with third-party systems or services, included when relevant

5. Compliance Requirements: Industry-specific compliance requirements, included for regulated industries

6. Training and Support: Additional terms for customer training and enhanced support services

7. Hardware Provisions: Terms regarding hardware supply and maintenance, if hardware is provided as part of the service

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed technical specifications of the backup services, including backup types, retention periods, and technical requirements

2. Schedule 2 - Service Level Agreement: Detailed SLA metrics, response times, availability commitments, and penalty calculations

3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, payment terms, and any variable pricing elements

4. Schedule 4 - Support Services: Support level definitions, escalation procedures, and contact information

5. Schedule 5 - Data Processing Agreement: Detailed terms for personal data processing in compliance with PDPA 2010

6. Schedule 6 - Business Continuity Plan: Procedures for ensuring service continuity during disruptions

7. Appendix A - Technical Requirements: Customer system requirements and technical prerequisites

8. Appendix B - Security Protocols: Detailed security measures and protocols for data protection

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
































Clauses






























Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Government and Public Sector

Telecommunications

E-commerce

Insurance

Banking

Relevant Teams

Information Technology

Legal

Procurement

Compliance

Risk Management

Information Security

Operations

Infrastructure

Service Delivery

Vendor Management

Relevant Roles

Chief Information Officer

IT Director

Information Security Manager

Data Protection Officer

IT Infrastructure Manager

Procurement Manager

Legal Counsel

Compliance Officer

IT Operations Manager

Chief Technology Officer

Risk Manager

Contract Manager

Systems Administrator

Database Administrator

IT Service Delivery 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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