The Master Service Agreement Contract serves as the foundational document governing the ongoing business relationship between a service provider and its customers in Canada. This agreement type is particularly useful when parties anticipate multiple service engagements over time, as it eliminates the need to negotiate basic terms and conditions for each transaction. The MSA includes essential provisions required by Canadian federal and provincial laws, covering areas such as data privacy, electronic commerce, and consumer protection where applicable. It typically works in conjunction with subsequent statements of work or service orders that detail specific services, while the MSA maintains the overarching legal and commercial framework. This approach provides efficiency in contracting while ensuring comprehensive protection for both parties' interests under Canadian jurisdiction.
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1. Parties: Identification of the contracting parties, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Services: General description of services to be provided under the agreement
5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
6. Payment Terms: Fees, payment schedule, invoicing procedures, and late payment consequences
7. Service Levels: Performance standards, metrics, and measurement methodology
8. Intellectual Property Rights: Ownership and licensing of IP created or used in service delivery
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection and Privacy: Compliance with privacy laws and data handling requirements
11. Representations and Warranties: Basic promises and guarantees made by each party
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. Indemnification: Obligations to protect against third-party claims and other losses
14. Insurance: Required insurance coverage and minimum limits
15. Force Majeure: Provisions for unforeseeable circumstances preventing performance
16. Dispute Resolution: Process for resolving disagreements between parties
17. General Provisions: Standard legal provisions including notice, assignment, and governing law
1. Change Management: Procedures for requesting and implementing changes to services or terms
2. Disaster Recovery: Required for services requiring business continuity planning
3. Security Requirements: Detailed security obligations, particularly relevant for IT services
4. Personnel Requirements: Specific qualifications or screening requirements for service provider staff
5. Compliance with Standards: Industry-specific standards or certifications required
6. Environmental Requirements: Environmental compliance and sustainability requirements
7. Export Control: Required for services involving cross-border data or technology transfer
8. Anti-Corruption: Enhanced compliance provisions for high-risk jurisdictions or industries
9. Transition Services: Procedures for service transition at start and end of agreement
1. Schedule A - Services Description: Detailed description of specific services to be provided
2. Schedule B - Service Levels and KPIs: Detailed performance metrics and measurement criteria
3. Schedule C - Pricing and Payment: Detailed fee structure, rates, and payment terms
4. Schedule D - Security Requirements: Specific security protocols and requirements
5. Schedule E - Key Personnel: Identification of key team members and their roles
6. Schedule F - Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Appendix 1 - Technical Requirements: Detailed technical specifications and requirements
8. Appendix 2 - Form of Change Order: Template for documenting changes to services or terms
9. Appendix 3 - Service Level Credits: Calculation methodology for service level credits or penalties
10. Appendix 4 - Business Continuity Plan: Disaster recovery and business continuity procedures
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