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Supply Of Services Agreement

Supply Of Services Agreement Template for Germany

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Key Requirements PROMPT example:

Supply Of Services Agreement

"I need a Supply of Services Agreement under German law for providing IT consulting services to automotive manufacturers, with specific focus on data security and project milestone deliverables starting March 2025."

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Document background
The Supply of Services Agreement serves as a fundamental legal document for establishing service relationships under German law. It is essential for businesses and organizations engaging in service-based transactions, whether for ongoing professional services, consulting, IT services, or other specialized business services. The agreement ensures compliance with German legal requirements, particularly the German Civil Code (BGB) provisions on service contracts, while addressing crucial aspects such as service scope, performance standards, payment terms, and liability provisions. This document is particularly relevant in today's business environment where service-based relationships form a critical part of business operations, and it includes necessary provisions for data protection compliance under GDPR and German law. The agreement can be customized for various service types while maintaining its core legal framework under German jurisdiction.
Suggested Sections

1. Parties: Identification and details of the contracting parties (service provider and service recipient)

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

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 performance standards

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

6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and late payment consequences

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Customer's Obligations: Key responsibilities and commitments of the customer

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: Liability provisions compliant with German law, including limitations and exclusions

12. Force Majeure: Provisions for unforeseen circumstances preventing performance

13. Data Protection: GDPR and BDSG compliance requirements

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

Optional Sections

1. Service Levels: Detailed service level agreements (SLAs) - include when specific performance metrics are required

2. Personnel: Requirements for service provider's personnel - include when services are delivered by specific individuals or teams

3. Insurance: Insurance requirements - include for high-risk or high-value services

4. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries

5. Audit Rights: Customer's right to audit service provider - include for critical or regulated services

6. Business Continuity: Business continuity and disaster recovery provisions - include for critical services

7. Change Control: Process for managing changes to services - include for complex or long-term services

8. Non-Competition: Restrictions on competitive activities - include when protecting market position

9. Transition Services: Services provided during transition in/out - include for complex service arrangements

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical and operational description of services

2. Schedule 2 - Service Levels: Detailed service levels, KPIs, and measurement methods

3. Schedule 3 - Charges: Detailed fee structure, rates, and payment terms

4. Schedule 4 - Customer Dependencies: Detailed list of customer-provided items and support

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

6. Schedule 6 - Contact Details: Key contacts and escalation procedures

7. Appendix A - Form of Change Order: Template for documenting agreed changes to services

8. Appendix B - Security Requirements: IT and physical security requirements if applicable

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
Charges
Confidential Information
Customer
Customer Dependencies
Customer Materials
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Personal Data
Processing
Project
Project Manager
Renewal Period
Schedule
Service Credits
Service Levels
Services
Service Provider
Service Provider Materials
Service Recipient
Specification
Subcontractor
Term
Third Party
Working Hours
Change Order
Acceptance Criteria
Background IP
Foreground IP
Commencement Date
Completion Date
Contract Year
Dispute
Documentation
Emergency
Fees
Group Company
Implementation Plan
Insolvency Event
Location
Material Breach
Notice
Payment Terms
Quality Standards
Records
Representatives
Security Requirements
Service Failure
Termination Date
VAT
Clauses
Interpretation
Appointment
Duration
Services
Service Levels
Customer Obligations
Service Provider Obligations
Change Control
Charges
Payment
Tax
Personnel
Confidentiality
Data Protection
Intellectual Property
Warranties
Indemnities
Liability
Insurance
Force Majeure
Termination
Exit Management
Assignment and Subcontracting
Non-Solicitation
Anti-Bribery
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Third Party Rights
Compliance with Laws
Audit Rights
Business Continuity
Modern Slavery
Anti-Money Laundering
Competition Law
Agency and Partnership
Waiver
Variation
Set-Off
Announcements
Counterparts
Relevant Industries

Information Technology

Consulting Services

Professional Services

Manufacturing

Healthcare

Financial Services

Education

Telecommunications

Facilities Management

Business Process Outsourcing

Engineering Services

Research and Development

Marketing and Advertising

Transportation and Logistics

Environmental Services

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Compliance

Risk Management

Project Management

Business Development

Contract Management

Service Delivery

Account Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Procurement Manager

Contract Manager

Legal Counsel

Commercial Director

Operations Manager

Project Manager

Business Development Manager

Compliance Officer

Risk Manager

Service Delivery Manager

Account Manager

Finance Director

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of German private law, particularly §§ 611-630 governing service contracts (Dienstvertrag) and §§ 631-651 covering contracts for work and services (Werkvertrag)
German Commercial Code (Handelsgesetzbuch - HGB): Regulates commercial relationships between businesses, including specific provisions for commercial transactions and merchant status
General Data Protection Regulation (GDPR) and German Federal Data Protection Act (BDSG): Governs the processing of personal data and mandatory data protection provisions that may need to be included if personal data is processed as part of the services
Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates unfair competition and business practices, relevant for service provision and marketing
German Act on General Terms and Conditions (AGB-Recht, part of BGB §§ 305-310): Specific regulations regarding standard terms and conditions in contracts, particularly important if the agreement will be used multiple times
Value Added Tax Act (Umsatzsteuergesetz - UStG): Regulates VAT obligations for services provided within Germany or cross-border
German Working Hours Act (Arbeitszeitgesetz - ArbZG): May be relevant if the services involve deployment of personnel and working time regulations
Minimum Wage Act (Mindestlohngesetz - MiLoG): Important if the service provision involves personnel deployment, ensuring compliance with minimum wage requirements
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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