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Master Software As A Service Agreement Template for Malaysia

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Key Requirements PROMPT example:

Master Software As A Service Agreement

"I need a Master Software As A Service Agreement for my fintech company based in Kuala Lumpur, with strong data protection clauses and specific provisions for financial services compliance, as we'll be providing banking software solutions to Malaysian banks starting March 2025."

Document background
The Master Software As A Service Agreement serves as the primary contractual framework for organizations engaging in SaaS relationships within the Malaysian jurisdiction. This document is essential when establishing long-term SaaS service delivery arrangements, whether for single or multiple software solutions. It comprehensively addresses Malaysian legal requirements, including compliance with the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and relevant cybersecurity regulations. The agreement typically includes detailed provisions for service levels, support, data protection, security measures, and intellectual property rights, while accommodating Malaysian-specific commercial practices and regulatory requirements. It's designed to be scalable and adaptable for various SaaS implementations while maintaining consistency in core terms and compliance obligations.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the services being provided

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Service Provision: Description of the SaaS services, access rights, and service delivery terms

5. Service Levels and Support: Service level commitments, performance metrics, and support services

6. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

8. Data Protection and Privacy: Compliance with PDPA 2010, data handling procedures, and privacy obligations

9. Security Requirements: Security measures, protocols, and breach notification procedures

10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Contract duration, renewal terms, and termination rights

13. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations

14. Force Majeure: Events beyond reasonable control and their impact on obligations

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

Optional Sections

1. Professional Services: Include when additional implementation, configuration, or consulting services are required

2. Disaster Recovery: Include for critical systems requiring specific disaster recovery commitments

3. Audit Rights: Include when customer requires rights to audit provider's security or compliance

4. Insurance: Include when specific insurance coverage requirements are needed

5. Service Credits: Include when financial compensation for service level failures is required

6. Data Migration: Include when specific provisions for data migration in/out are needed

7. Compliance with Industry Standards: Include when compliance with specific industry standards (e.g., ISO, SOC) is required

8. Third-Party Integration: Include when integration with third-party services is part of the solution

Suggested Schedules

1. Service Description: Detailed technical specifications and functionality of the SaaS service

2. Service Level Agreement: Detailed service levels, measurement methods, and reporting requirements

3. Support Services: Support tier definitions, response times, and escalation procedures

4. Fee Schedule: Detailed pricing, payment terms, and calculation methods

5. Security Policy: Detailed security requirements, protocols, and compliance measures

6. Data Processing Agreement: Detailed data protection obligations and procedures in compliance with PDPA

7. Acceptable Use Policy: Detailed rules and restrictions for use of the service

8. Business Continuity Plan: Disaster recovery and business continuity procedures

Authors

Alex Denne

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

Relevant legal definitions














































































Clauses

















































Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Telecommunications

Government

E-commerce

Insurance

Banking

Logistics

Real Estate

Construction

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Operations

Finance

Business Development

Technical Operations

Product Development

Data Protection

Commercial

Vendor Management

Solution Architecture

Relevant Roles

Chief Technology Officer

Chief Information Officer

Head of Legal

Legal Counsel

IT Director

Procurement Manager

Information Security Officer

Data Protection Officer

Contract Manager

Software Development Manager

IT Operations Manager

Risk Manager

Compliance Officer

Technical Project Manager

Business Development Manager

Commercial Director

Solutions Architect

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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