The Indemnity Service Agreement is a specialized contract commonly used in the United Arab Emirates when parties need to establish clear service delivery parameters while incorporating specific risk allocation through indemnification provisions. This document is particularly relevant when services involve significant potential liabilities or when parties need to clearly delineate responsibility for potential losses or damages. The agreement must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 18 of 1993 (Commercial Transactions Law), making it suitable for use in both mainland UAE and free zone jurisdictions. It typically includes comprehensive service specifications, performance standards, payment terms, and detailed indemnification clauses that protect parties against specific risks or losses arising from the service relationship.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnity arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided and covered by the indemnity
5. Indemnification Obligations: Specific indemnification provisions, including scope, limitations, and trigger events
6. Service Provider's Obligations: Detailed responsibilities and standards of performance for the service provider
7. Client's Obligations: Responsibilities and obligations of the client, including payment terms and cooperation requirements
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Payment Terms: Details of fees, payment schedule, and invoicing procedures
10. Confidentiality: Obligations regarding confidential information protection
11. Liability and Insurance: Limitation of liability provisions and insurance requirements
12. Force Majeure: Provisions for unforeseen circumstances affecting performance
13. Governing Law and Jurisdiction: Specification of UAE law application and jurisdiction for disputes
14. Notices: Process and requirements for formal communications between parties
15. Execution: Signature blocks and execution requirements
1. Intellectual Property Rights: Include when services involve creation or use of intellectual property
2. Data Protection: Include when services involve processing of personal data
3. Anti-Bribery and Corruption: Include for compliance with international standards or when dealing with government entities
4. Change Control: Include when services may require modifications during the term
5. Subcontracting: Include when service provider may need to engage subcontractors
6. Step-in Rights: Include when client needs right to take over services in specific circumstances
7. Audit Rights: Include when regular auditing of services or financial records is required
8. Islamic Finance Compliance: Include when agreement needs to comply with Shariah principles
1. Schedule 1 - Service Description: Detailed specification of services to be provided
2. Schedule 2 - Service Levels: Performance metrics and service level requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment structure
4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required
5. Schedule 5 - Key Personnel: List of key personnel assigned to provide services
6. Appendix A - Form of Notice: Template for formal notices under the agreement
7. Appendix B - Change Request Form: Template for requesting and documenting changes to services
8. Appendix C - Service Report Template: Standard format for service performance reporting
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