The General Contract For Services is a fundamental legal document used in the German market to establish professional service relationships between service providers and clients. This template is designed in accordance with German Civil Code (BGB) requirements, particularly sections 611-630 governing service contracts (Dienstvertrag). It is suitable for various service arrangements, from consulting and professional services to technical and operational support, providing a legally compliant framework that protects both parties' interests. The document includes essential elements required under German law, such as clear service definitions, payment terms, liability provisions, and GDPR compliance measures, while remaining adaptable to specific service requirements and business needs. It's particularly valuable for businesses operating in Germany or engaging with German entities, ensuring compliance with local legal requirements while facilitating clear commercial relationships.
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1. Parties: Identification and details of the service provider and client, including legal form and registration details
2. Background: Context of the agreement and general purpose of the services
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including deliverables and performance standards
5. Term and Termination: Duration of the agreement and conditions for termination
6. Remuneration and Payment Terms: Fee structure, payment schedule, and invoicing requirements
7. Rights and Obligations of the Service Provider: Key responsibilities and commitments of the service provider
8. Rights and Obligations of the Client: Key responsibilities and commitments of the client
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data handling procedures
11. Liability and Insurance: Limitation of liability, indemnification, and insurance requirements
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Final Provisions: Governing law, jurisdiction, severability, and entire agreement clauses
1. Intellectual Property Rights: Used when services involve creation or use of intellectual property
2. Non-Competition: Include when protecting against competitive activities is necessary
3. Non-Solicitation: Used to prevent poaching of employees or clients
4. Quality Assurance: Include for services requiring specific quality standards or certifications
5. Compliance with Laws: Used when specific regulatory compliance is crucial
6. Subcontracting: Include when subcontracting needs to be addressed
7. Training and Support: Used when ongoing training or support is part of the service
8. Service Levels: Include when specific performance metrics need to be maintained
9. Change Management: Used for services likely to require modifications during the term
1. Service Specification: Detailed technical specifications of services to be provided
2. Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Service Levels and KPIs: Specific performance metrics and measurement criteria
4. Contact Details: Key personnel and escalation contacts for both parties
5. Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Security Requirements: Specific security protocols and requirements
7. Implementation Timeline: Project phases and delivery milestones
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