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Service Of Work Contract

Service Of Work Contract Template for Germany

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Key Requirements PROMPT example:

Service Of Work Contract

"I need a Service of Work Contract under German law for a software development project where my company will be developing a custom CRM system for a client, including milestone deliverables starting March 2025, with specific focus on data protection compliance and intellectual property rights."

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Document background
The Service of Work Contract (Werkvertrag) is a fundamental contract type in German business law, essential for projects requiring specific deliverables or outcomes. Unlike service contracts that focus on effort, this contract type emphasizes the achievement of defined results. It's commonly used across various industries from construction to software development, where tangible or intangible work products need to be delivered. The contract must comply with German Civil Code (BGB) requirements, particularly §§ 631-651, which govern aspects such as work specifications, acceptance procedures, defect rights, and warranty obligations. This document type is crucial for businesses operating in Germany or under German law, as it provides a clear framework for project-based work while ensuring compliance with local legal requirements and business practices.
Suggested Sections

1. Parties: Identification and details of the contractor (Unternehmer) and client (Besteller), including full legal names, addresses, and registration details

2. Background: Context of the agreement and general purpose of the work to be performed

3. Definitions: Key terms used throughout the contract, including technical terms specific to the work

4. Scope of Work: Detailed description of the work to be performed, including deliverables and expected outcomes

5. Time for Performance: Timeline for completion, including milestones and delivery dates

6. Remuneration and Payment Terms: Price, payment schedule, invoicing requirements, and payment methods

7. Acceptance Procedure: Process for work inspection, acceptance criteria, and handling of defects

8. Warranty and Liability: Warranty period, scope of warranty, limitation of liability, and indemnification provisions

9. Rights and Obligations: General rights and obligations of both parties, including cooperation requirements

10. Term and Termination: Duration of the contract and conditions for termination

11. Final Provisions: Governing law, jurisdiction, written form requirements, and severability clause

Optional Sections

1. Intellectual Property Rights: Include when the work involves creation of intellectual property, specifying ownership and usage rights

2. Confidentiality: Include when sensitive information will be shared during the project

3. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance

4. Subcontractors: Include when the contractor may need to engage subcontractors

5. Insurance: Include when specific insurance coverage is required for the work

6. Force Majeure: Include for longer-term projects or when significant external risks exist

7. Quality Management: Include for complex technical projects requiring specific quality standards

8. Change Management: Include when the scope of work might need adjustment during the project

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications for the work

2. Price Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Timeline and Milestones: Detailed project schedule with specific deadlines and deliverables

4. Quality Standards: Specific quality requirements, standards, and testing procedures

5. Personnel Schedule: Key personnel assigned to the project and their qualifications

6. Service Level Agreement: Performance metrics and service levels if applicable

7. Change Request Template: Standard form for requesting and documenting changes to the scope of work

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
Work
Acceptance
Acceptance Certificate
Acceptance Criteria
Affiliate
Agreement
Business Day
Change Order
Client Materials
Commencement Date
Completion Date
Confidential Information
Contract Price
Contractor
Defect
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Milestone
Project
Project Manager
Project Plan
Quality Standards
Representatives
Schedule
Services
Site
Specifications
Subcontractor
Technical Requirements
Term
Third Party
Time for Completion
Warranty Period
Work Product
Werkvertrag
Material Breach
Performance Standards
Clauses
Scope of Work
Performance Requirements
Acceptance
Payment Terms
Warranties
Liability
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Term and Termination
Change Management
Quality Assurance
Subcontracting
Insurance
Health and Safety
Compliance
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Written Form Requirement
Representatives
Access Rights
Materials and Equipment
Documentation
Testing and Inspection
Defects Rectification
Time Management
Personnel
Risk Allocation
Indemnification
Cooperation
Records and Audits
Relevant Industries

Construction

Information Technology

Manufacturing

Professional Services

Engineering

Creative Industries

Technical Services

Research and Development

Industrial Services

Consulting

Architecture

Software Development

Interior Design

Relevant Teams

Legal

Procurement

Operations

Commercial

Project Management

Quality Assurance

Technical Services

Risk Management

Compliance

Business Development

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Procurement Manager

Business Development Manager

Operations Director

Technical Director

Quality Assurance Manager

Chief Technical Officer

Commercial Manager

General Counsel

Risk Manager

Compliance Officer

Senior Engineer

Development Manager

Industries
German Civil Code (BGB) §§ 631-651: Core regulations for work contracts (Werkvertrag), defining basic obligations, acceptance of work, payment terms, and contractor's liability
German Civil Code (BGB) §§ 241-432: General provisions on contractual obligations, including formation of contracts, performance, and breach of obligations
BGB § 633: Specific provisions regarding material defects and quality requirements in work contracts
BGB § 634: Rights of the customer in case of defects, including remediation, withdrawal, and damages
German Commercial Code (HGB): Additional provisions applicable when both parties are businesses, including modified liability rules and commercial customs
General Data Protection Regulation (GDPR): Regulations regarding the handling of personal data in service contracts, if personal data processing is involved
German Act Against Unfair Competition (UWG): Relevant for terms and conditions in contracts, especially regarding fair business practices
German Act on General Terms and Conditions (integrated in BGB §§ 305-310): Rules regarding the incorporation and validity of standard terms and conditions in contracts
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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