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Term Service Contract

Term Service Contract Generator for Germany

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Key Requirements PROMPT example:

Term Service Contract

"I need a Term Service Contract for providing IT infrastructure maintenance services to a German automotive manufacturer, including data center management and cloud services, with the agreement starting January 1, 2025, and incorporating GDPR compliance requirements."

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Document background
The Term Service Contract is a fundamental legal instrument used in German business practice for establishing long-term service relationships between providers and clients. This document type is essential when parties need to formalize ongoing service arrangements under German law, providing a detailed framework for service delivery, performance standards, and commercial terms. It must comply with the German Civil Code (BGB) provisions regarding service contracts (Dienstvertrag) and standard terms regulations (AGB-Recht). The agreement is particularly crucial for businesses requiring continuous professional services, containing comprehensive provisions for service scope, quality metrics, payment terms, liability allocation, and termination rights. It also addresses modern business requirements such as data protection, intellectual property rights, and confidentiality obligations, making it suitable for both traditional and digital service arrangements.
Suggested Sections

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

2. Background: Context of the agreement and general purpose of the services

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of services to be provided, including any service levels or performance standards

5. Term and Commencement: Duration of the agreement and conditions for commencement

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

7. Client's Obligations: Key responsibilities and commitments of the client, including cooperation obligations

8. Fees and Payment Terms: Remuneration, payment schedule, invoicing, and payment terms

9. Personnel Requirements: Qualifications, expertise, and requirements for service delivery personnel

10. Quality and Performance Standards: Service quality requirements and performance measurement criteria

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

12. Confidentiality: Protection and handling of confidential information

13. Data Protection: GDPR compliance and data processing obligations

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

15. Termination: Termination rights, notice periods, and consequences of termination

16. Force Majeure: Provisions for unforeseen circumstances preventing performance

17. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

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

Optional Sections

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

2. Change Control: Procedures for changing service scope or terms - include for complex or long-term services

3. Compliance with Laws: Specific regulatory compliance obligations - include when services are in regulated industries

4. Insurance: Insurance requirements - include when services involve significant risks

5. Subcontracting: Rules for engaging subcontractors - include when subcontracting might be needed

6. Audit Rights: Client's rights to audit service provision - include for regulated services or critical business functions

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

8. Exit Management: Detailed exit and transition arrangements - include for complex or business-critical services

9. Non-Competition: Restrictions on competitive activities - include when protecting business interests is crucial

10. Training and Documentation: Requirements for training and documentation - include for technical or complex services

Suggested Schedules

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

2. Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Service Levels Schedule: Detailed SLAs, KPIs, and measurement methodologies

4. Personnel Schedule: Key personnel, qualifications, and replacement procedures

5. Data Processing Agreement: GDPR-compliant data processing terms and details

6. Security Requirements: IT and physical security requirements and procedures

7. Change Request Template: Standard form for requesting and documenting changes

8. Approved Subcontractors: List of pre-approved subcontractors if applicable

9. Contact Details: Key contacts and escalation procedures

10. Required Insurance Coverage: Detailed insurance requirements and minimum coverage levels

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
Client
Client Materials
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Deliverables
Documentation
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Service Credits
Service Hours
Service Levels
Services
Service Provider
Service Provider Materials
Service Recipients
Specifications
Standard Terms (AGB)
Subcontractor
Term
Territory
Third Party
Working Hours
Work Product
Quality Standards
Response Time
Resolution Time
Acceptance Criteria
Change Request
Dispute
Emergency
Fee Schedule
Implementation Plan
Incident
Loss
Material Breach
Notice
Performance Standards
Regulatory Requirements
Service Location
Service Modifications
Software
Support Services
Technical Requirements
Termination Date
Transition Period
Warranty Period
Clauses
Service Provision
Term and Duration
Payment Terms
Performance Standards
Service Levels
Quality Assurance
Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Liability
Indemnification
Insurance
Force Majeure
Termination
Change Control
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Amendments
Waiver
Compliance with Laws
Audit Rights
Business Continuity
Non-Solicitation
Non-Competition
Warranties
Representation
Records and Reports
Exit Management
Transition Services
Health and Safety
Environmental Compliance
Anti-Corruption
Security Requirements
Documentation
Training
Customer Obligations
Risk Allocation
Acceptance Testing
Price Adjustment
Escalation Procedures
Emergency Response
Language
Publicity
Reference Rights
Relevant Industries

Information Technology

Professional Services

Management Consulting

Facilities Management

Healthcare Services

Engineering Services

Marketing and Advertising

Financial Services

Education and Training

Maintenance Services

Business Process Outsourcing

Environmental Services

Technical Support Services

Research and Development

Creative Industries

Relevant Teams

Legal

Procurement

Operations

Commercial

Business Development

Project Management

Service Delivery

Account Management

Compliance

Risk Management

Finance

Sales

Customer Success

Vendor Management

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Operations Director

Commercial Manager

Business Development Manager

Project Manager

Service Delivery Manager

Account Executive

Compliance Officer

Risk Manager

Chief Operating Officer

General Counsel

Sales Director

Chief Financial Officer

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB) §§ 611-630: Main provisions governing service contracts (Dienstvertrag) in German law, including basic obligations of both parties, termination rules, and payment terms
German Civil Code (BGB) §§ 305-310: Regulations regarding standard terms and conditions (AGB-Recht), crucial for ensuring enforceability of contract terms
EU General Data Protection Regulation (GDPR): Mandatory data protection requirements if personal data is processed as part of the service delivery
German Commercial Code (Handelsgesetzbuch - HGB): Additional provisions applicable if the service contract is between commercial entities
German Act Against Unfair Competition (UWG): Relevant for service contracts involving competitive business practices and marketing activities
German Price Indication Regulation (Preisangabenverordnung - PAngV): Regulations regarding price transparency and disclosure requirements
German Employee Posting Act (Arbeitnehmer-Entsendegesetz - AEntG): Relevant if services involve posting workers to Germany from abroad
German Value Added Tax Act (Umsatzsteuergesetz - UStG): Tax implications and requirements for service 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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