The Service Provider Contract (Dienstleistungsvertrag) is essential for establishing formal service relationships under German law. It is commonly used when engaging external service providers, consultants, or professional service firms for specific projects or ongoing services. The document addresses key aspects required by German legislation, including detailed service descriptions, remuneration terms, liability provisions, and data protection requirements. This contract type is particularly important in the German business context as it clearly distinguishes service provision from employment relationships (Arbeitsverträge) and works contracts (Werkverträge), helping prevent potential misclassification issues. The agreement ensures compliance with German Civil Code requirements while providing flexibility to accommodate various service arrangements across different industries.
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1. Parties: Identification and details of the service provider and the client, including full legal names, legal form, registration details, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship and intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided, including specific deliverables and performance standards
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination, including notice periods in accordance with German law
6. Compensation and Payment Terms: Fee structure, payment schedule, invoicing requirements, and VAT considerations
7. Rights and Obligations of the Service Provider: Detailed obligations, performance standards, and commitments of the service provider
8. Rights and Obligations of the Client: Client's responsibilities, cooperation obligations, and provision of necessary information or resources
9. Confidentiality: Provisions regarding the protection and handling of confidential information
10. Liability and Insurance: Limitation of liability provisions, insurance requirements, and indemnification clauses in accordance with German law
11. Force Majeure: Provisions for unforeseen circumstances preventing contract performance
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
13. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Provisions regarding ownership and usage rights of intellectual property created during service provision - include when services involve creation of intellectual property
2. Data Protection and GDPR Compliance: Detailed provisions for handling personal data - include when services involve processing of personal data
3. Non-Competition: Restrictions on competitive activities - include when protecting market position is crucial
4. Quality Assurance: Specific quality standards and monitoring procedures - include for technical or specialized services
5. Subcontracting: Rules regarding the use of subcontractors - include when subcontracting might be necessary
6. Service Levels: Specific performance metrics and related penalties - include for technical or ongoing services
7. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries
8. Training and Support: Provisions for training client personnel - include when service includes knowledge transfer
9. Warranty: Specific warranties for services - include when quality guarantees are essential
10. Exit Management: Procedures for contract termination and transition - include for complex ongoing services
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and measurement methods
4. Schedule 4 - Contact Details: Key contact persons and escalation procedures
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if applicable
6. Schedule 6 - Security Requirements: IT and physical security requirements if applicable
7. Schedule 7 - Required Insurance Coverage: Specific insurance types and coverage amounts
8. Appendix A - Template Reports: Standard formats for required reporting
9. Appendix B - Acceptance Criteria: Criteria for accepting deliverables
10. Appendix C - Policies and Procedures: Relevant internal policies that must be followed
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