The Master Client Agreement (MCA) is designed for businesses operating in Canada who require a robust legal framework for managing ongoing service relationships with their clients. This agreement type is particularly useful when services will be provided on a recurring basis or through multiple projects, as it eliminates the need to negotiate standard terms and conditions for each engagement. The MCA establishes the overarching commercial and legal framework while allowing for specific services to be detailed in separate statements of work. It incorporates essential provisions required under Canadian federal and provincial laws, including privacy protection, electronic commerce regulations, and consumer protection requirements where applicable. The document is structured to accommodate various service types while maintaining consistency in key areas such as risk allocation, confidentiality, and dispute resolution.
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1. Parties: Identification of the contracting parties, including full legal names and addresses
2. Background: Context of the agreement and general business relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: General framework for services to be provided under the agreement
5. Statements of Work: Process for creating, approving and executing specific statements of work
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Fees and Payment Terms: General pricing principles, payment terms, and invoicing procedures
8. Intellectual Property Rights: Ownership and licensing of IP created or used during service delivery
9. Confidentiality: Protection and handling of confidential information
10. Data Protection and Privacy: Compliance with privacy laws and data handling requirements
11. Representations and Warranties: Standard warranties and representations from both parties
12. Limitation of Liability: Limitations and caps on liability between parties
13. Indemnification: Mutual indemnification obligations and processes
14. Insurance: Required insurance coverage and minimum limits
15. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Security Requirements: Specific security protocols and requirements when handling sensitive data or systems
2. Service Levels: Framework for service level agreements when specific performance metrics are required
3. Disaster Recovery: Business continuity and disaster recovery requirements for critical services
4. Personnel Requirements: Specific requirements for service provider personnel, including qualifications and security clearances
5. Compliance with Industry Standards: Specific industry standards or certifications required for certain sectors
6. Anti-Corruption Compliance: Additional compliance requirements for international business or government contracts
7. Environmental Requirements: Sustainability and environmental compliance requirements for environmentally sensitive services
8. Change Control: Formal process for managing changes to services or agreement terms
1. Schedule A - Fee Schedule: Standard rate card and pricing details
2. Schedule B - Service Level Agreement Template: Template for creating service level agreements for specific services
3. Schedule C - Statement of Work Template: Standard template for creating statements of work
4. Schedule D - Security Requirements: Detailed security protocols and requirements
5. Schedule E - Insurance Requirements: Detailed insurance requirements and minimum coverage limits
6. Schedule F - Approved Subcontractors: List of pre-approved subcontractors and their approved scope
7. Appendix 1 - Data Processing Agreement: Detailed terms for personal data processing compliance
8. Appendix 2 - Business Continuity Plan: Detailed business continuity and disaster recovery procedures
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