The Service Partner Agreement is essential for businesses seeking to formalize service delivery relationships under English and Welsh law. It is commonly used when companies want to establish long-term service partnerships with external providers while maintaining clear operational boundaries and performance expectations. This document addresses key aspects such as service scope, quality standards, payment terms, and risk allocation, while ensuring compliance with relevant UK legislation including data protection, employment, and competition laws.
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1. Parties: Identification and details of the contracting parties including registered addresses and company numbers
2. Background: Context of the agreement and high-level description of the commercial relationship
3. Definitions: Defined terms used throughout the agreement for clarity and consistency
4. Services: Detailed description of services to be provided by the Service Partner
5. Service Standards: Quality standards and requirements for service delivery
6. Charges and Payment: Financial terms, payment schedule, invoicing requirements and payment mechanisms
7. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
8. Intellectual Property Rights: Ownership and licensing of IP created or used during service delivery
9. Confidentiality: Protection and handling of confidential information
10. Data Protection: Compliance with UK GDPR and Data Protection Act 2018
11. Liability and Insurance: Limitations of liability and required insurance coverage
12. General: Standard boilerplate provisions including governing law and jurisdiction
1. Service Levels: Specific performance metrics and KPIs (when quantifiable service standards are required)
2. Change Control: Process for managing changes to services or agreement terms (for complex service arrangements)
3. TUPE: Transfer of employees provisions (when service provision may involve transfer of employees)
4. Anti-Bribery and Modern Slavery: Compliance with Anti-Bribery Act and Modern Slavery Act (for high-risk or international services)
5. Non-Compete: Restrictions on competitive activities (when protecting market position is crucial)
1. Schedule 1 - Services Description: Detailed technical specification of services to be provided
2. Schedule 2 - Charges: Detailed pricing structure, rate cards, and payment terms
3. Schedule 3 - Service Levels: Detailed performance metrics, KPIs, and measurement methodology
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Personnel: Key personnel, qualifications, and security requirements
6. Schedule 6 - Change Control Procedure: Detailed process for managing changes to services or agreement
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