The Service Partner Agreement is a crucial document used in the Philippine business environment to establish formal service provision relationships between companies. This agreement is particularly relevant in the context of the Philippines' growing service sector and increasing international business partnerships. The document addresses key aspects required under Philippine law, including clear differentiation from employment relationships, intellectual property rights, data privacy compliance, and tax considerations. The Service Partner Agreement typically includes detailed service specifications, performance metrics, payment terms, and compliance requirements, while ensuring alignment with local regulations such as the Civil Code of the Philippines and relevant business laws. It's especially important for businesses engaging external service providers, outsourcing operations, or establishing long-term service partnerships in the Philippine market.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of each party's business
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the Service Partner
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Compensation and Payment Terms: Fee structure, payment schedule, invoicing requirements, and payment methods
7. Rights and Obligations: Key responsibilities and obligations of both parties
8. Independent Contractor Status: Clear establishment of independent contractor relationship and not employment
9. Intellectual Property Rights: Ownership and usage rights of IP created during service provision
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection and Privacy: Compliance with Philippines Data Privacy Act and data handling requirements
12. Representations and Warranties: Statements of fact and promises made by both parties
13. Limitation of Liability: Extent and limitations of each party's liability
14. Termination: Grounds and process for termination of the agreement
15. Post-Termination Obligations: Obligations that survive after agreement termination
16. Governing Law and Jurisdiction: Specification of Philippines law and jurisdiction
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Service Levels: Specific performance metrics and standards - include when service quality measurements are crucial
2. Insurance Requirements: Specific insurance coverage requirements - include for high-risk services
3. Non-Compete: Restrictions on competition - include when protecting market position is crucial
4. Non-Solicitation: Restrictions on soliciting employees or clients - include when protecting workforce/clientele is important
5. Compliance with Industry Regulations: Specific regulatory compliance requirements - include for regulated industries
6. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID
7. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors - include when relevant to service delivery
8. Audit Rights: Rights to audit service partner's operations - include for quality-critical services
9. Marketing and Publicity: Rules for public announcements and marketing - include when brand protection is important
10. Training and Support: Requirements for training and ongoing support - include for complex service arrangements
1. Schedule A - Service Specifications: Detailed description of services, deliverables, and technical requirements
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Levels: Detailed performance metrics, measurement methods, and reporting requirements
4. Schedule D - Key Personnel: List of key personnel assigned to the service provision
5. Schedule E - Compliance Requirements: Specific regulatory and compliance requirements
6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal and sensitive data
7. Appendix 2 - Security Requirements: IT and physical security requirements and protocols
8. Appendix 3 - Change Control Procedure: Process for requesting and implementing changes to services
9. Appendix 4 - Dispute Resolution Procedure: Detailed process for handling disputes
10. Appendix 5 - Business Continuity Plan: Requirements and procedures for ensuring service continuity
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