Business Outsourcing Agreement Template for India

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Business Outsourcing Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Business Outsourcing Agreement

"I need a Business Outsourcing Agreement for my tech company based in Bangalore to engage a customer service provider in Mumbai, with specific provisions for data security and 24/7 service availability starting March 2025."

Document background
The Business Outsourcing Agreement serves as the primary contractual framework for companies seeking to outsource their business processes or functions to specialized service providers in India. This document is essential when a company wishes to engage an external provider to manage specific operational, technical, or administrative functions while maintaining control over quality and performance standards. The agreement must comply with Indian legal requirements, including the Indian Contract Act, 1872, Information Technology Act, 2000, and relevant data protection regulations. It typically includes detailed provisions for service delivery, performance metrics, pricing, intellectual property protection, data security, and risk management. The document is particularly relevant for both domestic and international outsourcing relationships, where clear governance and compliance frameworks are crucial for successful service delivery and risk management.
Suggested Sections

1. Parties: Identifies the contracting parties - the service provider and the client company, including their registered addresses and company details

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Detailed description of the services to be provided, including core deliverables and expectations

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

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

7. Client's Obligations: Key responsibilities and commitments of the client

8. Service Levels: Performance standards, metrics, and measurement methodology

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

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection and Security: Obligations regarding data handling, privacy, and security measures

13. Liability and Indemnification: Risk allocation, limitation of liability, and indemnification obligations

14. Force Majeure: Provisions for handling events beyond parties' reasonable control

15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Transition Services: Details of knowledge transfer and transition process - include when there's an incumbent provider or complex implementation phase

2. Business Continuity and Disaster Recovery: Requirements for service continuity - essential for critical business functions

3. Audit Rights: Client's rights to audit provider's operations - important for regulated industries or critical services

4. Non-Competition: Restrictions on provider's ability to work with competitors - use when sharing sensitive market information

5. Employee Matters: Provisions regarding transfer or management of employees - relevant when staff transfer is involved

6. Insurance Requirements: Specific insurance coverage requirements - important for high-risk services

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

8. Subcontracting: Rules and restrictions on use of subcontractors - include when subcontracting is likely

9. Step-In Rights: Client's right to take over services - important for critical business functions

10. Exit Management: Detailed exit process and knowledge transfer - essential for complex or critical services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specifications of services, deliverables, and technical requirements

2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements

3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, rates, payment terms, and any variable pricing elements

4. Schedule 4 - Governance and Reporting: Management structure, meeting schedule, and reporting requirements

5. Schedule 5 - Data Protection Requirements: Specific data handling procedures, security measures, and compliance requirements

6. Schedule 6 - Business Continuity Plan: Detailed procedures for maintaining service continuity in various scenarios

7. Schedule 7 - Transition Plan: Detailed implementation or transition timeline and responsibilities

8. Schedule 8 - Exit Plan: Detailed procedures and responsibilities for service termination

9. Appendix A - Approved Subcontractors: List of pre-approved subcontractors and their roles

10. Appendix B - Key Personnel: List of key staff members and their roles from both parties

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Business Process Outsourcing

Knowledge Process Outsourcing

Healthcare Services

Financial Services

Manufacturing

Telecommunications

Customer Service

Human Resources

Research and Development

Engineering Services

Digital Marketing

Data Analytics

Legal Process Outsourcing

Relevant Teams

Legal

Operations

Procurement

Finance

Information Technology

Compliance

Risk Management

Vendor Management

Project Management

Business Development

Information Security

Data Protection

Service Delivery

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Chief Technology Officer

Head of Legal

General Counsel

Procurement Manager

Operations Director

Vendor Management Lead

Contract Manager

Business Development Manager

Project Manager

Service Delivery Manager

Account Manager

Compliance Officer

Risk Manager

Data Protection Officer

Information Security Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Covers essential elements like offer, acceptance, consideration, and breach of contract.
Information Technology Act, 2000: Regulates electronic commerce and data protection. Critical for outsourcing agreements involving digital services, data transfer, and cybersecurity obligations.
Copyright Act, 1957: Protects intellectual property rights in created works. Important for outsourcing agreements involving software development, content creation, or creative services.
Patents Act, 1970: Relevant for outsourcing agreements involving technology development or innovation, protecting inventions and technological processes.
Foreign Exchange Management Act (FEMA), 1999: Regulates foreign exchange transactions and cross-border service arrangements. Essential for international outsourcing agreements.
Companies Act, 2013: Governs corporate entities and their operations. Relevant for understanding the legal capacity of parties and corporate compliance requirements.
Income Tax Act, 1961: Addresses tax implications of outsourcing arrangements, including transfer pricing and withholding tax obligations.
The Personal Data Protection Bill (pending): Although pending, its principles should be considered for data protection and privacy aspects in outsourcing arrangements.
Indian Registration Act, 1908: Relevant if the agreement needs to be registered, particularly for long-term or high-value contracts.
Specific Industry Regulations: Depending on the sector (e.g., banking, healthcare, telecommunications), specific regulatory compliance requirements may apply to the outsourcing arrangement.
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

Find the exact document you need

Business Outsourcing Agreement

An Indian law-governed agreement establishing terms and conditions for business process outsourcing between a service provider and client company.

find out more

Sales Outsourcing Agreement

An Indian law-governed agreement establishing terms for outsourcing sales activities to an external partner, including commission structures and performance requirements.

find out more

Recruitment Process Outsourcing Contract

An Indian law-governed agreement establishing terms for outsourced recruitment services between an RPO provider and client organization.

find out more

IT Outsourcing Service Level Agreement

An Indian law-governed agreement defining service levels, performance metrics, and operational standards for IT outsourcing services.

find out more

HR Outsourcing Agreement

An Indian law-governed agreement for outsourcing HR functions to a specialized service provider, defining service scope, responsibilities, and compliance requirements.

find out more

Sales And Marketing Outsourcing Agreement

An Indian law-governed agreement for outsourcing sales and marketing functions to a third-party service provider, including service terms, performance metrics, and compliance requirements.

find out more

Outsourced Employee Contract

An Indian law-governed employment contract for outsourced workers, establishing terms between principal employer, contractor, and employee.

find out more

HR Outsourcing Contract

An Indian law-governed agreement for outsourcing HR functions to a specialized service provider, defining services, compliance requirements, and operational procedures.

find out more

Employee Outsourcing Agreement

An agreement governing employee outsourcing arrangements between companies in India, ensuring compliance with local labor laws and establishing service terms.

find out more

Data Outsourcing Agreement

An Indian law-governed agreement establishing terms for outsourcing data processing activities, ensuring compliance with local data protection regulations and security requirements.

find out more

Agreement For Outsourcing Call Center Support

An Indian law-governed agreement for outsourcing call center operations, establishing service terms, operational requirements, and compliance obligations.

find out more

Outsourcing Contract Agreement

An Indian law-governed agreement establishing terms and conditions for outsourcing services between a service provider and customer, including service scope, performance standards, and commercial terms.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.