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Outsourcing Agreement for Philippines

Outsourcing Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes and regulates the relationship between a service provider and a client company for outsourcing specific business functions or services. This document incorporates requirements from Philippine labor laws, data privacy regulations, and intellectual property protection while defining the scope of services, performance metrics, pricing, and operational requirements. It includes specific provisions to comply with Department Order No. 174-17 regarding contracting arrangements and the Data Privacy Act of 2012, making it suitable for both domestic and international outsourcing relationships.

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Outsourcing Agreement

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What is a Outsourcing Agreement?

This Outsourcing Agreement template is designed for use in the Philippine jurisdiction, where outsourcing and business process outsourcing (BPO) are major economic activities. The agreement is essential when a company (the client) wishes to delegate certain business functions or processes to an external service provider while maintaining control over quality and deliverables. It comprehensively addresses key areas required under Philippine law, including labor regulations (particularly Department Order No. 174-17), data privacy requirements (under the Data Privacy Act of 2012), and intellectual property protection. The document is structured to protect both parties' interests while ensuring compliance with local regulations, making it suitable for both domestic and international outsourcing arrangements. It includes detailed provisions for service levels, personnel management, data protection, confidentiality, and dispute resolution, with specific attention to Philippine legal requirements and business practices.

What sections should be included in a Outsourcing Agreement?

1. Parties: Identification of the contracting parties, including their legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided, including service levels and deliverables

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

6. Payment Terms: Pricing, payment schedule, invoicing procedures, and currency specifications

7. Service Provider Obligations: Key responsibilities and commitments of the service provider

8. Client Obligations: Key responsibilities and commitments of the client

9. Data Protection and Privacy: Compliance with Philippine Data Privacy Act and data handling 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. Personnel and Employment: Requirements regarding personnel, compliance with Philippine labor laws

13. Warranties and Representations: Standard warranties from both parties

14. Liability and Indemnification: Limitation of liability and indemnification provisions

15. Force Majeure: Provisions for unforeseen circumstances and their handling

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

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

What sections are optional to include in a Outsourcing Agreement?

1. Business Continuity and Disaster Recovery: Required for critical services or when handling sensitive data

2. Transition Services: Needed when complex handover or exit arrangements are required

3. Insurance: Detailed insurance requirements, recommended for high-value or high-risk services

4. Anti-Corruption and Compliance: Required when dealing with government contracts or multinational companies

5. Security Requirements: Needed when handling sensitive information or accessing client systems

6. Performance Monitoring: Detailed KPI monitoring for complex service arrangements

7. Subcontracting: Required when service provider may need to engage subcontractors

8. Foreign Exchange Provisions: Needed for international outsourcing arrangements

What schedules should be included in a Outsourcing Agreement?

1. Schedule A - Service Level Agreement (SLA): Detailed service levels, KPIs, and performance metrics

2. Schedule B - Pricing and Payment Schedule: Detailed breakdown of fees, costs, and payment terms

3. Schedule C - Service Specifications: Technical specifications and detailed scope of services

4. Schedule D - Data Processing Agreement: Detailed data handling and privacy requirements

5. Schedule E - Key Personnel: List of key personnel and their roles

6. Schedule F - Transition Plan: Detailed transition or implementation timeline

7. Schedule G - Business Continuity Plan: Disaster recovery and business continuity procedures

8. Schedule H - Security Requirements: Detailed IT and physical security requirements

9. Appendix 1 - Required Reports: 抖阴视频 and specifications for required reporting

10. Appendix 2 - Contact Details: Key contact information for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

抖阴视频

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































































Clauses

















































Relevant Industries

Information Technology

Business Process Outsourcing

Healthcare Services

Financial Services

Customer Service

Manufacturing

Software Development

Human Resources

Telecommunications

Legal Services

Accounting and Finance

Digital Marketing

Engineering Services

Research and Development

Data Analytics

Relevant Teams

Legal

Operations

Procurement

Vendor Management

Compliance

Human Resources

Finance

Information Technology

Risk Management

Business Development

Information Security

Data Protection

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Legal Officer

General Counsel

Operations Director

Procurement Manager

Vendor Management Officer

Contract Manager

Legal Counsel

Compliance Officer

Human Resources Director

Chief Financial Officer

Project Manager

Business Development Manager

Risk Management Officer

Information Security Officer

Data Protection Officer

Industries








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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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