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Term Service Contract
"I need a Term Service Contract for providing IT maintenance and support services to a Malaysian manufacturing company, starting from March 1, 2025, with specific service level agreements and penalties for downtime."
1. Parties: Identification and details of the service provider and service recipient, including registration numbers and registered addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including specific deliverables and service standards
5. Term and Renewal: Duration of the agreement, commencement date, and renewal provisions
6. Fees and Payment: Service fees, payment terms, invoicing procedures, and late payment consequences
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Service Levels: Performance standards, metrics, and measurement methods
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with PDPA 2010 and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Termination: Grounds for termination, notice requirements, and consequences
15. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Insurance: Insurance requirements when services involve significant risks or regulatory requirements
2. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term or critical services
3. Change Control: Procedures for managing changes to services or terms, important for complex or evolving services
4. Audit Rights: Client's right to audit service provider's performance, needed for regulated industries or critical services
5. Non-Competition: Restrictions on competitive activities, relevant when service provider has access to sensitive information
6. Security Requirements: Specific security protocols and requirements, necessary for services involving sensitive data or systems
7. Transition Services: Provisions for service transition at contract end, important for complex or critical services
8. Personnel Requirements: Specific requirements for service provider's personnel, relevant for on-site or specialized services
1. Schedule 1 - Service Description: Detailed specification of services, including technical requirements and performance standards
2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements, performance metrics, and measurement methodologies
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, pricing structure, and payment milestones
4. Schedule 4 - Implementation Plan: Timeline and milestones for service implementation or transition
5. Schedule 5 - Contact Details and Escalation Matrix: Key personnel contact information and problem escalation procedures
6. Appendix A - Required Reports: Format and frequency of required service performance reports
7. Appendix B - Security Protocols: Detailed security requirements and procedures
8. Appendix C - Compliance Requirements: Specific regulatory or industry compliance requirements
Authors
Information Technology
Professional Services
Facilities Management
Healthcare Services
Education and Training
Manufacturing
Telecommunications
Financial Services
Consulting
Construction
Maintenance Services
Logistics and Supply Chain
Research and Development
Business Process Outsourcing
Legal
Procurement
Operations
Commercial
Finance
Compliance
Risk Management
Business Development
Project Management
Service Delivery
Account Management
Quality Assurance
Contract Administration
Legal Counsel
Contract Manager
Procurement Manager
Operations Director
Business Development Manager
Project Manager
Compliance Officer
Risk Manager
Commercial Director
General Manager
Chief Operating Officer
Service Delivery Manager
Account Manager
Facilities Manager
Finance Director
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