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Extended Service Agreement

Extended Service Agreement Template for Germany

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Key Requirements PROMPT example:

Extended Service Agreement

"I need an Extended Service Agreement for a cloud-based software implementation and maintenance project starting March 2025, including GDPR compliance provisions and specific service level requirements for 99.9% system uptime."

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Document background
The Extended Service Agreement (Erweiterter Dienstleistungsvertrag) is designed for complex, long-term service relationships under German law where standard service agreements may be insufficient. It is particularly suitable when services require detailed performance metrics, specific service levels, and comprehensive operational frameworks. This document type incorporates elements from both service contracts (Dienstvertrag) and contracts for work (Werkvertrag) under the German Civil Code, while ensuring compliance with German commercial law, data protection regulations, and industry-specific requirements. It is commonly used in situations requiring ongoing professional services, technical support, or managed services, where the relationship between parties needs careful structuring and clear governance mechanisms.
Suggested Sections

1. Parties: Identification and details of the contracting parties including full legal names, registration numbers, and addresses

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

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

4. Scope of Services: Detailed description of the services to be provided, including core obligations and deliverables

5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

6. Service Levels: Performance standards, metrics, and measurement methods

7. Fees and Payment Terms: Pricing structure, payment schedule, invoicing, and late payment consequences

8. Obligations of Service Provider: Key responsibilities and commitments of the service provider

9. Obligations of Customer: Key responsibilities and commitments of the customer

10. Intellectual Property Rights: Ownership and licensing of IP created or used during service provision

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

13. Force Majeure: Provisions for handling events beyond reasonable control

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Data Protection: Detailed GDPR compliance provisions, required when personal data processing is involved

2. Personnel and Subcontractors: Rules regarding service provider's staff and use of subcontractors, needed when service delivery involves third parties

3. Change Management: Procedures for handling changes to services or terms, recommended for complex or long-term services

4. Disaster Recovery: Business continuity and disaster recovery procedures, important for critical services

5. Training and Support: Details of training and ongoing support services, relevant when knowledge transfer is required

6. Compliance and Audit Rights: Regulatory compliance requirements and audit provisions, necessary for regulated industries

7. Exit Management: Transition arrangements at contract end, important for complex service relationships

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and scope of services

2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements

3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, payment terms, and pricing mechanisms

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements

5. Schedule 5 - Contact Details and Escalation Procedure: Key personnel contacts and issue escalation process

6. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery

7. Appendix B - Security Requirements: Security protocols and requirements for service provision

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Confidential Information
Contract Year
Customer
Customer Data
Customer Materials
Deliverables
Documentation
Effective Date
Emergency
Fees
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Personal Data
Personnel
Renewal Term
Service Credits
Service Levels
Services
Service Provider
Service Provider Systems
Specifications
Subcontractor
Term
Third Party
Working Hours
Change Request
Critical Service Failure
Disaster Recovery Plan
Exit Plan
Implementation Phase
Milestone
Performance Reports
Quality Standards
Response Time
Service Commencement Date
Service Location
Transition Period
Acceptance Criteria
Authorized Representative
Background IP
Charges
Defect
Dispute Resolution Procedure
Maintenance Window
Security Requirements
Service Interruption
Support Services
Clauses
Parties and Interpretation
Service Scope
Term and Duration
Service Levels
Performance Standards
Payment Terms
Invoicing
Service Provider Obligations
Customer Obligations
Change Management
Key Personnel
Subcontracting
Data Protection
Intellectual Property
Confidentiality
Liability
Indemnification
Insurance
Force Majeure
Termination
Exit Management
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Health and Safety
Compliance
Audit Rights
Security Requirements
Business Continuity
Personnel Management
Quality Assurance
Reporting
Training
Warranties
Non-Solicitation
Anti-Corruption
Competition
Third Party Rights
Relevant Industries

Information Technology

Professional Services

Manufacturing

Healthcare

Financial Services

Telecommunications

Consulting

Facilities Management

Business Process Outsourcing

Software Development

Industrial Services

Technical Support Services

Relevant Teams

Legal

Operations

Procurement

Commercial

Risk and Compliance

Information Technology

Service Delivery

Account Management

Business Development

Project Management

Relevant Roles

Chief Operating Officer

Head of Legal

Commercial Director

Procurement Manager

Contract Manager

Legal Counsel

Operations Manager

Service Delivery Manager

Account Executive

Risk Manager

Compliance Officer

Technical Director

Chief Technology Officer

Business Development Manager

Project Manager

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code: Primary legislation governing contracts in Germany, particularly §§ 611-630 on service contracts (Dienstvertrag) and §§ 631-651 on contracts for work (Werkvertrag)
Handelsgesetzbuch (HGB) - German Commercial Code: Relevant for B2B service agreements, containing specific provisions for commercial transactions and business relationships
EU General Data Protection Regulation (GDPR) and Bundesdatenschutzgesetz (BDSG): Essential for provisions regarding personal data processing and protection in service delivery
AGB-Recht (§§ 305-310 BGB) - Standard Terms and Conditions Law: Regulations governing standard form contracts and protection against unfair contract terms
Dienstleistungs-Informationspflichten-Verordnung (DL-InfoV): Regulation on information obligations for service providers, implementing EU Service Directive
Arbeitsschutzgesetz (ArbSchG) - Occupational Safety and Health Act: Relevant if the service agreement involves on-site work or staff deployment
Gesetz gegen den unlauteren Wettbewerb (UWG) - Unfair Competition Act: Relevant for provisions regarding competition and market behavior in service delivery
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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