The Service Order Agreement is designed for use in business relationships where services are provided on an ongoing basis under a master framework. This document, governed by Irish law, enables parties to establish a standardized process for ordering and delivering services without negotiating new terms for each service request. It includes essential provisions for service delivery, performance metrics, payment terms, and compliance with Irish and EU regulations, particularly the Sale of Goods and Supply of Services Act 1980 and relevant data protection legislation. The agreement is typically used when companies need a flexible but structured approach to procuring regular services while maintaining consistent terms and conditions.
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1. Parties: Identifies and provides full legal details of the service provider and customer
2. Background: Provides context for the agreement and outlines the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Services: Detailed description of the services to be provided under the agreement
5. Order Process: Procedures for submitting, accepting, and processing service orders
6. Payment Terms: Details of fees, invoicing, payment methods, and payment timelines
7. Service Levels: Performance standards and metrics for service delivery
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Confidentiality: Obligations regarding confidential information protection
10. Data Protection: GDPR compliance and data handling requirements
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. Force Majeure: Provisions for handling events beyond parties' reasonable control
13. Governing Law: Specification of Irish law as governing law and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Intellectual Property Rights: Include when services involve creation or use of intellectual property
2. Change Control: Include for complex services where scope changes are likely
3. Insurance: Include when specific insurance requirements need to be maintained
4. Security Requirements: Include when services involve access to sensitive systems or data
5. Compliance with Laws: Include when services are in regulated industries
6. Business Continuity: Include for critical services requiring disaster recovery plans
7. Exit Management: Include for complex services requiring transition planning
8. Subcontracting: Include when subcontractors may be used in service delivery
1. Schedule 1 - Service Description: Detailed specifications of services, including scope and deliverables
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics and measurement criteria
3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, rates, and payment milestones
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Contact Details and Escalation Procedure: Key contacts and communication protocols
6. Appendix A - Order Form Template: Standard template for placing service orders
7. Appendix B - Service Level Credits: Calculation methodology for service level failures
8. Appendix C - Accepted Service Locations: Approved locations for service delivery if geographically restricted
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