Supplier Service Agreement Template for Germany

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Key Requirements PROMPT example:

Supplier Service Agreement

"I need a Supplier Service Agreement governed by German law for an IT service provider who will handle our cloud infrastructure and customer data, with specific emphasis on GDPR compliance and data security measures, to commence from March 1, 2025."

Document background

The Supplier Service Agreement serves as the primary contractual framework for businesses engaging external service providers in Germany. This document is essential when establishing a formal service relationship between a supplier and customer, whether for ongoing services or project-based deliverables. The agreement ensures compliance with German legal requirements, including provisions from the BGB (German Civil Code) and HGB (German Commercial Code), while addressing crucial aspects such as service levels, liability, data protection, and intellectual property rights. It is particularly relevant for medium to long-term service arrangements where clear performance metrics, delivery standards, and risk allocation need to be established. The document typically includes comprehensive terms covering service scope, payment conditions, termination rights, and dispute resolution mechanisms, all structured to align with German legal principles and business practices.

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 and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of services to be provided, including main obligations of the supplier

5. Term and Commencement: Duration of the agreement, including start date and initial term

6. Supplier's Obligations: Detailed obligations of the supplier, including quality standards, reporting requirements, and compliance with laws

7. Customer's Obligations: Responsibilities and obligations of the customer, including cooperation and access requirements

8. Service Levels: Performance standards and metrics for the services

9. Fees and Payment Terms: Pricing, payment schedule, invoicing requirements, and late payment consequences

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

11. Confidentiality: Protection and handling of confidential information

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with German law

14. Force Majeure: Events excusing performance and consequences

15. Termination: Termination rights, process, and consequences

16. General Provisions: Standard clauses including notices, assignment, severability, and entire agreement

17. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Personnel and Subcontractors: Rules regarding use of personnel and subcontractors - include when supplier will use subcontractors or deploy personnel on-site

2. Insurance: Insurance requirements - include for high-risk services or when significant liability exposure exists

3. Compliance with Customer Policies: Obligation to comply with customer's internal policies - include when services are performed on customer premises

4. Export Control: Export control compliance - include when services involve international data transfers or technology

5. Business Continuity: Business continuity and disaster recovery requirements - include for critical services

6. Audit Rights: Customer's right to audit supplier - include for regulated industries or critical services

7. Non-Competition: Non-compete provisions - include when supplier has access to sensitive business information

8. Transition Assistance: End of contract transition support - include for complex or business-critical services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specification of services to be provided

2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements, measurement methods, and penalties

3. Schedule 3 - Charges and Payment: Detailed pricing, payment terms, and calculation methods

4. Schedule 4 - Customer Dependencies: Detailed list of customer-provided items, information, and assistance

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

6. Schedule 6 - Personnel: Key personnel, qualifications, and replacement procedures

7. Schedule 7 - Change Control Procedure: Process for managing changes to services or agreement terms

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

9. Appendix B - Security Requirements: Information security requirements and procedures

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Manufacturing

Information Technology

Professional Services

Logistics and Supply Chain

Healthcare

Financial Services

Telecommunications

Industrial Services

Consulting

Facilities Management

Engineering

Research and Development

Relevant Teams

Legal

Procurement

Finance

Operations

Vendor Management

Risk and Compliance

Supply Chain

Commercial

Project Management

Business Development

Contract Administration

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Supply Chain Director

Vendor Management Officer

Chief Financial Officer

Operations Director

Risk Manager

Compliance Officer

Project Manager

Commercial Director

Business Unit Head

General Counsel

Category Manager

Chief Operating Officer

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Let's create your Supplier Service Agreement

Authors

Alex Denne

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