The Master Professional Services Agreement (MPSA) serves as a foundational document for businesses operating in Nigeria who engage in ongoing professional service relationships. This agreement type is particularly crucial in the Nigerian business environment where regulatory compliance, local content requirements, and specific legal frameworks must be carefully considered. The MPSA establishes the primary commercial and legal framework under which parties can efficiently agree to and execute multiple service engagements through Statements of Work, without needing to renegotiate basic terms for each new service. It includes provisions that address Nigerian-specific requirements such as local content laws, currency regulations, and data protection under the NDPR, while also incorporating international best practices for service delivery and risk allocation. This document type is especially relevant for both domestic and international service providers operating in Nigeria's growing service sector.
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1. Parties: Identification of the contracting parties, including registered addresses and company registration details
2. Background: Context of the agreement and 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. Statement of Work Process: Process for creating, approving and executing individual Statements of Work
6. Service Provider Obligations: Key obligations and responsibilities of the service provider
7. Client Obligations: Key obligations and responsibilities of the client
8. Personnel: Requirements regarding personnel, including key personnel provisions and substitution rights
9. Fees and Payment Terms: Pricing structure, payment terms, invoicing requirements, and currency provisions
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with NDPR and data handling requirements
13. Liability and Indemnification: Allocation of risks and liability caps
14. Insurance: Required insurance coverage and minimum limits
15. Term and Termination: Duration of agreement and termination rights
16. Force Majeure: Events excusing performance and related procedures
17. Dispute Resolution: Process for resolving disputes, including governing law and jurisdiction
18. General Provisions: Standard boilerplate provisions including notices, assignment, and amendments
1. Local Content Requirements: Required when services involve sectors subject to Nigerian local content laws
2. Regulatory Compliance: Required when services are in regulated industries like telecommunications or financial services
3. Foreign Currency Provisions: Required when payments will be made in foreign currency
4. Technology Transfer: Required when agreement involves technology transfer from foreign providers
5. Environmental Compliance: Required when services have environmental implications
6. Anti-Corruption Compliance: Enhanced provisions required for high-risk services or government-related work
7. Service Levels: Required when specific performance metrics need to be maintained
8. Business Continuity: Required for critical services requiring disaster recovery planning
9. Security Requirements: Required when services involve access to sensitive systems or facilities
1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
2. Schedule 2 - Service Levels: Detailed service level requirements and measurement metrics
3. Schedule 3 - Template Statement of Work: Standard format for individual Statements of Work
4. Schedule 4 - Key Personnel: List of key personnel and their roles
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for services
6. Schedule 6 - Security Requirements: Detailed security protocols and requirements
7. Schedule 7 - Data Processing Agreement: Detailed terms for handling personal data under NDPR
8. Schedule 8 - Business Continuity Plan: Disaster recovery and business continuity requirements
9. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage limits
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