Client Service Agreement for Germany

Client Service Agreement Template for Germany

A Client Service Agreement governed by German law (Dienstleistungsvertrag) is a comprehensive contractual document that establishes the terms and conditions under which a service provider delivers professional services to a client. The agreement is structured according to German Civil Code (BGB) requirements, particularly focusing on service contract provisions (§§ 611-630 BGB). It includes detailed specifications of services, payment terms, liability provisions, data protection compliance under GDPR and German Federal Data Protection Act (BDSG), and specific German law considerations regarding standard business terms (AGB-Recht).

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What is a Client Service Agreement?

The Client Service Agreement (Dienstleistungsvertrag) is essential for businesses operating in Germany that provide or receive professional services. This document is structured according to German legal requirements and business practices, incorporating provisions from the German Civil Code (BGB), Commercial Code (HGB), and relevant EU regulations such as GDPR. It serves as the primary contractual framework defining the service relationship, outlining everything from scope of services and payment terms to data protection and liability limitations. The agreement is particularly important in the German business context due to specific legal requirements regarding service contracts, standard business terms (AGB-Recht), and consumer protection laws when applicable. It provides legal certainty for both parties while ensuring compliance with mandatory German and EU legal provisions.

What sections should be included in a Client Service Agreement?

1. Parties: Identification and details of the service provider and client, including registered addresses and registration numbers

2. Background: Context of the agreement and general purpose of the service relationship

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

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

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

6. Fees and Payment Terms: Service fees, payment schedule, invoicing procedures, and late payment consequences

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

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

9. Data Protection and Confidentiality: GDPR compliance measures and confidentiality obligations

10. Liability and Limitation of Liability: Scope of liability and any limitations under German law

11. Force Majeure: Provisions for unforeseen circumstances preventing performance

12. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision

13. Notice Provisions: Communication requirements and contact details for formal notices

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

15. Entire Agreement: Integration clause and relationship to other agreements

What sections are optional to include in a Client Service Agreement?

1. Service Levels: Detailed service level agreements (SLAs) when specific performance metrics are required

2. Compliance with Laws: Specific regulatory compliance requirements for regulated industries

3. Insurance: Insurance requirements when services involve significant risks or regulatory requirements

4. Personnel Requirements: Specific qualifications or security clearance requirements for service provider's staff

5. Subcontracting: Terms for engaging subcontractors when relevant to the services

6. Change Control: Procedures for changing service scope or terms when dealing with complex or long-term services

7. Audit Rights: Client's rights to audit service provider's operations when required for compliance or quality assurance

8. Business Continuity: Business continuity and disaster recovery provisions for critical services

9. Exit Management: Detailed exit procedures for complex service arrangements

What schedules should be included in a Client Service Agreement?

1. Service Description Schedule: Detailed technical specifications and scope of services

2. Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Service Levels Schedule: Detailed service level requirements and measurement criteria

4. Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Personnel Schedule: Key personnel and qualifications requirements

6. Change Control Procedure: Detailed procedures for implementing changes to services

7. Security Requirements: Detailed IT and physical security requirements

8. Authorized Subcontractors: List of approved subcontractors and their roles

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Management Consulting

Professional Services

Financial Services

Healthcare

Manufacturing

Telecommunications

Legal Services

Marketing and Advertising

Engineering

Education and Training

Real Estate

Environmental Services

Research and Development

Business Process Outsourcing

Relevant Teams

Legal

Procurement

Business Development

Sales

Operations

Commercial

Risk and Compliance

Finance

Project Management

Account Management

Service Delivery

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Account Executive

Project Manager

Operations Director

Commercial Manager

Risk Manager

Compliance Officer

Chief Financial Officer

Chief Operating Officer

Service Delivery Manager

Sales Director

General Counsel

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

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