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IT Master Services Agreement

IT Master Services Agreement Template for Canada

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Key Requirements PROMPT example:

IT Master Services Agreement

"I need an IT Master Services Agreement for my software development company to provide cloud-based services to healthcare clients in Ontario, with specific attention to PHIPA compliance and data residency requirements in Canada."

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Document background
The IT Master Services Agreement serves as the primary contractual framework for organizations engaging in long-term IT service relationships in Canada. It is designed to establish comprehensive terms and conditions governing the delivery of various technology services, including but not limited to software development, system maintenance, cloud computing, consulting, and technical support. This agreement template incorporates essential provisions to comply with Canadian federal and provincial regulations, particularly regarding data privacy, consumer protection, and electronic commerce. It enables parties to execute specific statements of work under a consistent set of master terms, streamlining the contracting process while ensuring adequate protection for both service providers and customers. The agreement is structured to address critical aspects such as service levels, data security, intellectual property rights, and risk allocation, while maintaining flexibility to accommodate various IT service arrangements.
Suggested Sections

1. Parties: Identification of contracting parties and their legal status

2. Background: Context of the agreement and relationship between parties

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

4. Services: Overview of services to be provided and engagement process

5. Statements of Work: Process for creating and approving specific statements of work

6. Service Levels: Service level commitments, measurement, and remedies

7. Charges and Payment: Pricing, payment terms, invoicing, and related procedures

8. Intellectual Property Rights: IP ownership, licenses, and protection measures

9. Data Protection and Privacy: Compliance with PIPEDA and other privacy laws

10. Confidentiality: Protection of confidential information and trade secrets

11. Security Requirements: IT security standards, protocols, and breach procedures

12. Warranties and Representations: Standard and service-specific warranties

13. Liability and Indemnification: Risk allocation and limitation of liability

14. Term and Termination: Duration, renewal, and termination provisions

15. Force Majeure: Events excusing performance obligations

16. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Disaster Recovery: Required for critical systems or when business continuity is essential

2. Personal Health Information: Required when services involve healthcare data subject to PHIPA

3. Export Controls: Required when services involve cross-border data transfers

4. Source Code Escrow: Required when using proprietary software critical to operations

5. Personnel Security Screening: Required for government or high-security contracts

6. Data Residency: Required when data must remain in specific jurisdictions

7. Regulated Industry Requirements: Required for financial services, healthcare, or other regulated industries

8. Third-Party Code: Required when solution incorporates open source or third-party software

9. Hardware Provisions: Required when physical IT equipment is provided as part of services

Suggested Schedules

1. Schedule A - Services Description: Detailed description of base services offered

2. Schedule B - Service Levels: Detailed SLA metrics, measurement, and reporting

3. Schedule C - Pricing and Payment: Detailed fee structure and payment terms

4. Schedule D - Security Standards: Specific security requirements and protocols

5. Schedule E - Privacy and Data Protection: Detailed privacy compliance requirements

6. Schedule F - Technical Requirements: Technical specifications and standards

7. Schedule G - Form of Statement of Work: Template for individual statements of work

8. Schedule H - Authorized Subcontractors: List of approved third-party service providers

9. Schedule I - Service Locations: Approved service delivery and data storage locations

10. Schedule J - Business Continuity Plan: Disaster recovery and business continuity procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Government

Telecommunications

Manufacturing

Retail

Professional Services

Education

Energy

Transportation

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk Management

Compliance

Operations

Vendor Management

Project Management

Software Development

Service Delivery

Contract Administration

Relevant Roles

Chief Information Officer

IT Director

Procurement Manager

Legal Counsel

Information Security Officer

Technology Manager

Vendor Management Director

Contract Administrator

Project Manager

Chief Technology Officer

Risk Manager

Compliance Officer

Operations Director

Software Development Manager

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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