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IT Master Services Agreement

IT Master Services Agreement Template for Germany

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Key Requirements PROMPT example:

IT Master Services Agreement

"I need an IT Master Services Agreement for a German software development company providing cloud-based services to financial institutions, with specific emphasis on GDPR compliance and data security measures."

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Document background
The IT Master Services Agreement serves as the primary contractual framework for organizations engaging IT service providers in Germany. It is designed to establish a long-term relationship between the parties while ensuring compliance with German legal requirements, including the German Civil Code (BGB), Federal Data Protection Act (BDSG), and EU GDPR. This document is typically used when a customer requires ongoing IT services such as software development, maintenance, cloud services, or IT infrastructure management. It provides the foundation for subsequent statements of work or service orders while addressing crucial aspects such as data protection, service levels, liability limitations, and intellectual property rights. The agreement is structured to accommodate German-specific legal requirements while maintaining flexibility for various IT service arrangements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and general business relationship

3. Definitions: Defined terms used throughout the agreement

4. Services Scope: Overview of IT services covered by the agreement

5. Service Provider Obligations: Core obligations and responsibilities of the service provider

6. Customer Obligations: Core obligations and responsibilities of the customer

7. Data Protection and Security: GDPR and German data protection law compliance requirements

8. Intellectual Property Rights: IP ownership, licenses, and usage rights

9. Charges and Payment: Pricing, payment terms, and invoicing procedures

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

11. Liability and Indemnification: Risk allocation and limitation of liability under German law

12. Confidentiality: Protection of confidential information

13. Force Majeure: Provisions for unforeseeable circumstances

14. Governing Law and Jurisdiction: German law application and dispute resolution

Optional Sections

1. Personnel and Subcontractors: Used when service provider needs to regulate use of subcontractors or specific personnel requirements

2. Change Control: Include when services are likely to require formal change management

3. Audit Rights: Important for regulated industries or when handling sensitive data

4. Business Continuity: Required for critical services or when customer has specific resilience requirements

5. Export Control: Necessary when services involve international data transfers or technology exports

6. Anti-Corruption: Important for international services or public sector contracts

7. Insurance: Include when specific insurance coverage needs to be mandated

8. Source Code Escrow: Required when custom software development is involved

9. Transition and Exit: Important for complex services requiring detailed exit planning

Suggested Schedules

1. Service Description: Detailed technical and functional description of each service

2. Service Levels: Performance metrics, measurement, and service credits

3. Charges: Detailed pricing, rate cards, and payment mechanisms

4. Data Processing Agreement: GDPR-compliant data processing terms and details

5. Security Requirements: Detailed security standards and procedures

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

7. Change Control Procedure: Detailed process for managing changes to services

8. Form of Work Order: Template for ordering specific services under the MSA

9. Key Personnel: Details of key staff and roles

10. Technical Requirements: Customer system requirements and technical specifications

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

Manufacturing

Retail

Telecommunications

Professional Services

Public Sector

Education

Energy

Transportation

Insurance

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Information Security

Operations

Commercial

Service Delivery

Account Management

Project Management

Data Protection

Relevant Roles

Chief Information Officer

IT Director

Chief Technology Officer

Procurement Manager

Legal Counsel

Data Protection Officer

IT Service Manager

Contract Manager

Chief Information Security Officer

Technical Account Manager

Service Delivery Manager

Risk Manager

Compliance Officer

IT Operations Manager

Project Manager

Commercial 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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