General Service Agreement Template for Germany

The General Service Agreement serves as a foundational document for establishing professional service relationships under German law. It is designed for situations where one party (the service provider) agrees to perform specific services for another party (the client) in exchange for agreed compensation. This agreement type is particularly relevant in the German business context as it must comply with the specific requirements of the German Civil Code (BGB) regarding service contracts (Dienstvertrag) and general contract law principles. The document is essential for businesses operating in Germany or choosing German law as their governing law, as it addresses crucial aspects such as service scope, quality standards, payment terms, liability limitations, and termination rights while incorporating mandatory German legal provisions.

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

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided, including service levels and quality standards

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

6. Remuneration and Payment Terms: Fee structure, payment schedule, invoicing requirements, and VAT provisions

7. Obligations of the Service Provider: Specific duties, responsibilities, and warranties of the service provider

8. Obligations of the Client: Client's responsibilities, cooperation requirements, and provision of necessary information/resources

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Limitation of Liability: Extent and limitations of parties' liability under German law

12. Force Majeure: Provisions for unforeseen circumstances preventing performance

13. Final Provisions: Governing law, jurisdiction, severability, entire agreement, and form requirements