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MSA Software Agreement

MSA Software Agreement Template for Philippines

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Key Requirements PROMPT example:

MSA Software Agreement

"I need an MSA Software Agreement under Philippine law for a cloud-based ERP system that we'll be providing to banking sector clients, with strong data protection clauses and specific uptime guarantees of 99.9%, planned to be effective from March 1, 2025."

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This MSA Software Agreement template is designed for use in the Philippine jurisdiction when establishing a long-term software services relationship between a provider and customer. It serves as the foundational agreement governing software licensing, implementation, maintenance, and support services, incorporating specific provisions required by Philippine law, including data privacy, electronic commerce, and intellectual property protection requirements. The agreement is particularly relevant when deploying enterprise software solutions that require ongoing services and support, providing a comprehensive framework that can be supplemented with specific service orders or statements of work. It includes provisions that address local regulatory requirements while maintaining international best practices for software licensing and services delivery.
Suggested Sections

1. Parties: Identification of the contracting parties including registered addresses and company details

2. Background: Context of the agreement and brief description of the business relationship

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

4. License Grant: Scope, terms, and limitations of the software license

5. Services: Description of services to be provided, including implementation, maintenance, and support

6. Fees and Payment: Payment terms, fee structure, and invoicing procedures

7. Intellectual Property Rights: IP ownership, protection, and usage rights

8. Confidentiality: Protection and handling of confidential information

9. Data Protection and Privacy: Compliance with Philippine Data Privacy Act and data handling procedures

10. Service Levels: Performance standards, availability requirements, and service metrics

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Warranties and Disclaimers: Software and service warranties, limitations, and disclaimers

13. Limitation of Liability: Liability caps and exclusions

14. Indemnification: Mutual indemnification obligations

15. Force Majeure: Provisions for unforeseen circumstances and force majeure events

16. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Professional Services: Detailed terms for additional professional services like customization or consulting, used when professional services are part of the agreement

2. Security Requirements: Specific security protocols and compliance requirements, included for sensitive implementations or regulated industries

3. Disaster Recovery: Disaster recovery and business continuity provisions, important for critical software systems

4. Source Code Escrow: Terms for source code escrow arrangements, used when source code access might be needed in specific circumstances

5. Training: Terms related to user training and knowledge transfer, included when training services are part of the agreement

6. Audit Rights: Provisions for auditing usage and compliance, important for licensed software with usage restrictions

7. Geographic Restrictions: Terms regarding territorial limitations and export controls, needed for international deployments

8. Change Control: Procedures for managing changes to services or software, important for long-term agreements

Suggested Schedules

1. Software Description: Detailed description of the software, including modules, features, and technical specifications

2. Service Level Agreement: Detailed service levels, metrics, and remedies for non-compliance

3. Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Support Services: Details of support services, including response times and escalation procedures

5. Technical Requirements: Hardware, software, and network requirements for the software

6. Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws

7. Implementation Plan: Project plan and milestones for software implementation

8. Acceptable Use Policy: Guidelines and restrictions for software usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 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

Technology

Banking and Financial Services

Healthcare

Retail

Manufacturing

Education

Government

Telecommunications

Insurance

E-commerce

Business Process Outsourcing

Professional Services

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Operations

Software Development

Vendor Management

Data Protection

Enterprise Architecture

Commercial

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Procurement Manager

Contract Manager

Software Development Manager

Information Security Officer

Chief Information Officer

Data Protection Officer

Vendor Management Lead

Enterprise Architect

Operations Manager

Commercial Director

Risk Management Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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