The Master Service Agreement and Statement of Work is designed for businesses operating in Malaysia that require a flexible yet comprehensive framework for ongoing service relationships. This document type is particularly useful when a service provider will be delivering multiple projects or services over time to the same client, combining a stable master agreement with project-specific Statements of Work. It addresses Malaysian legal requirements while incorporating international best practices, making it suitable for both domestic and cross-border service arrangements. The structure allows parties to agree on general terms, conditions, and governance once, then efficiently implement specific projects through individual SOWs without renegotiating basic terms. This approach is especially valuable for technology services, consulting engagements, and professional services where scope and deliverables vary by project.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and general purpose of the arrangement
3. Definitions: Defined terms used throughout the agreement and SOW
4. Scope of Services: General framework for services to be provided under the MSA
5. Statement of Work Process: Process for creating, approving and executing individual SOWs
6. Service Provider's Obligations: Core obligations, service standards, and performance requirements
7. Client's Obligations: Client's responsibilities, cooperation requirements, and support obligations
8. Fees and Payment Terms: Pricing structure, payment terms, invoicing process, and related financial matters
9. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with PDPA and data handling requirements
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
14. Force Majeure: Handling of events beyond parties' reasonable control
15. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Change Control: Used when formal change management procedures are required for complex services
2. Service Levels: Include when specific performance metrics and service levels need to be maintained
3. Disaster Recovery: Required for critical services or when business continuity is essential
4. Anti-Corruption: Important for government contracts or when dealing with public sector
5. Insurance: Include when specific insurance coverage requirements exist
6. Security Requirements: Necessary for services involving sensitive data or systems access
7. Personnel Requirements: Include when specific qualifications or security clearances are needed
8. Audit Rights: Important for regulated industries or when compliance verification is needed
9. Environmental Compliance: Required for services with environmental impact
10. Islamic Finance Compliance: Include when dealing with Shariah-compliant services or institutions
1. Schedule 1 - Standard SOW Template: Template for creating individual Statements of Work
2. Schedule 2 - Rate Card: Standard rates for services and personnel categories
3. Schedule 3 - Service Levels and KPIs: Detailed service level agreements and performance metrics
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors and their scope
5. Schedule 5 - Technical Requirements: Detailed technical specifications and requirements
6. Schedule 6 - Security Policies: Information security and data protection requirements
7. Schedule 7 - Change Request Template: Standard format for requesting and documenting changes
8. Appendix A - Contact Details: Key personnel and escalation contacts for both parties
9. Appendix B - Required Reports: Templates and specifications for required service reports
10. Appendix C - Acceptance Testing Procedures: Procedures and criteria for accepting deliverables
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