It Service Agreement for Germany

It Service Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for the provision of IT services between a service provider and a customer. The document incorporates requirements from German civil and commercial law, EU GDPR regulations, and specific IT legislation, detailing service specifications, performance standards, data protection measures, liability provisions, and operational procedures. It includes provisions for service levels, payment terms, intellectual property rights, and compliance with German and EU regulatory requirements.

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What is a It Service Agreement?

The IT Service Agreement is a crucial contract template designed for use under German law when establishing a formal relationship between IT service providers and their clients. This document is essential when engaging external IT service providers or formalizing internal IT service arrangements within a corporate group. The agreement comprehensively covers service delivery, performance metrics, data protection (particularly under GDPR), and technical specifications. It incorporates requirements from German civil law (BGB), commercial law (HGB), and IT-specific legislation, making it suitable for both domestic German operations and international service arrangements subject to German law. The document is particularly relevant in today's digital business environment where companies increasingly rely on external IT expertise and infrastructure.

What sections should be included in a It Service Agreement?

1. Parties: Identification and details of the contracting parties

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

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

4. Scope of Services: Detailed description of IT services to be provided

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

6. Customer's Obligations: Key responsibilities and commitments of the customer

7. Service Levels: Performance standards and service level requirements

8. Fees and Payment Terms: Pricing, payment schedule, and related financial terms

9. Term and Termination: Duration of agreement and termination provisions

10. Data Protection and Security: GDPR compliance and data security measures

11. Intellectual Property Rights: IP ownership, licenses, and usage rights

12. Confidentiality: Protection of confidential information

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

14. Force Majeure: Provisions for unforeseen circumstances and force majeure events

15. General Provisions: Miscellaneous legal provisions including governing law, jurisdiction, and notices

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

1. Change Management: Procedures for implementing changes to services or terms - include when services are likely to evolve

2. Disaster Recovery: Disaster recovery and business continuity provisions - include for critical services

3. Personnel: Requirements for service provider personnel - include when specific qualifications or security clearances are needed

4. Insurance: Insurance requirements - include for high-value or high-risk services

5. Exit Management: Transition arrangements at contract end - include for complex or business-critical services

6. Compliance with Standards: Specific industry or technical standards - include when relevant to the service

7. Subcontractors: Rules for engaging subcontractors - include when subcontracting is likely

8. Audit Rights: Customer's audit rights - include for regulated industries or critical services

What schedules should be included in a It Service Agreement?

1. Schedule 1 - Service Description: Detailed technical specifications of services

2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements and performance metrics

3. Schedule 3 - Charges and Payment: Detailed pricing structure and payment terms

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

5. Schedule 5 - Security Requirements: Detailed IT security requirements and procedures

6. Schedule 6 - Implementation Plan: Timeline and milestones for service implementation

7. Schedule 7 - Contact Details: Key contacts and escalation procedures

8. Schedule 8 - Accepted Testing Procedures: Service acceptance criteria and testing procedures

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 Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

Government and Public Sector

Energy and Utilities

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Operations

Risk and Compliance

Information Security

Project Management

Service Delivery

Technical Operations

Vendor Management

Contract Administration

Relevant Roles

Chief Information Officer

IT Director

Chief Technology Officer

Procurement Manager

Legal Counsel

IT Project Manager

Information Security Officer

Contract Manager

Operations Director

Risk Manager

Compliance Officer

Service Delivery Manager

Technology Consultant

Business Development Manager

IT Operations Manager

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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