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Exclusive Service Agreement

Exclusive Service Agreement Template for Ireland

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Key Requirements PROMPT example:

Exclusive Service Agreement

"I need an Exclusive Service Agreement for my IT consultancy company to provide software development services solely to a multinational client in Ireland, starting from March 2025, with strict data protection provisions and service level requirements."

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Document background
The Exclusive Service Agreement is a crucial document used when establishing dedicated service relationships in Ireland where one party commits to providing services solely to the other within defined parameters. This agreement type is particularly relevant in situations requiring guaranteed service availability, protected business relationships, or specialized service arrangements. The document incorporates Irish legal requirements and business practices, addressing key aspects such as service levels, GDPR compliance, competition law considerations, and exclusivity obligations. It provides comprehensive coverage of service delivery terms, performance metrics, payment structures, and risk allocation, while ensuring the exclusivity provisions are enforceable under Irish law.
Suggested Sections

1. Parties: Identifies and defines the service provider and recipient with full legal names and addresses

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Exclusivity: Establishes the exclusive nature of the appointment and its territorial scope

5. Services: Detailed description of services to be provided

6. Service Provider's Obligations: Key responsibilities and performance standards of the service provider

7. Client's Obligations: Key responsibilities and obligations of the client

8. Fees and Payment: Payment terms, fee structure, and invoicing procedures

9. Intellectual Property Rights: Ownership and licensing of IP created or used in providing services

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

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

13. Post-Termination Obligations: Obligations surviving termination and transition arrangements

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

15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Service Levels: Detailed performance metrics and KPIs - include when specific service levels need to be measured

2. Change Control: Process for managing changes to services - include for complex or long-term agreements

3. Force Majeure: Provisions for handling events beyond parties' control - include if services are susceptible to external disruptions

4. Insurance: Specific insurance requirements - include for high-risk services

5. Non-Solicitation: Restrictions on hiring other party's personnel - include when protecting against staff poaching is important

6. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries

7. Disaster Recovery: Business continuity requirements - include for critical services

8. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for international services or public sector clients

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided

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

3. Schedule 3 - Service Levels: Detailed performance metrics, KPIs, and measurement methods

4. Schedule 4 - Key Personnel: List of key staff and their roles in service delivery

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Appendix A - Change Request Form: Template for requesting and documenting service changes

7. Appendix B - Report Templates: Standard formats for service performance reporting

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Charges
Client
Client Data
Client Materials
Commencement Date
Confidential Information
Control
Data Protection Legislation
Deliverables
Effective Date
Exclusive Territory
Force Majeure Event
Good Industry Practice
Group
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Personal Data
Project
Representatives
Service Credits
Service Levels
Services
Service Provider
Service Provider Materials
Service Provider Personnel
Service Recipient
Specifications
Term
Termination Date
Third Party
Working Hours
Change Request
Dispute
Emergency
Fees
GDPR
Initial Term
Losses
Performance Standards
Renewal Period
Response Time
Schedule
Service Location
Software
Term
VAT
Work Product
Clauses
Interpretation
Appointment
Exclusivity
Duration
Services
Service Levels
Performance Standards
Provider Obligations
Client Obligations
Fees and Payment
Invoicing
Taxes
Key Personnel
Staff Vetting
Confidentiality
Data Protection
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Change Control
Termination
Consequences of Termination
Non-Solicitation
Non-Compete
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Waiver
Variation
Third Party Rights
Counterparts
Anti-Bribery
Compliance with Laws
Business Continuity
Audit Rights
Records and Reports
Relevant Industries

Information Technology

Professional Services

Management Consulting

Healthcare Services

Financial Services

Engineering Services

Marketing and Advertising

Facilities Management

Education and Training

Research and Development

Telecommunications

Legal Services

Business Process Outsourcing

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Compliance

Business Development

Risk Management

Contract Management

Relevant Roles

Chief Executive Officer

Commercial Director

Head of Procurement

Legal Counsel

Contracts Manager

Operations Director

Chief Financial Officer

Business Development Manager

Procurement Manager

Risk Manager

Compliance Officer

Service Delivery Manager

Account Director

General Counsel

Industries
Competition Act 2002: Governs anti-competitive practices and ensures exclusivity provisions do not create unfair market restrictions
Consumer Protection Act 2007: Protects consumer rights and ensures fair trading practices if one party is a consumer
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Regulates the processing of personal data that may be involved in service delivery
Sale of Goods and Supply of Services Act 1980: Sets out legal framework for service contracts including quality standards and implied terms
European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003: Relevant if the exclusive service agreement involves transfer of employees or business units
Terms of Employment (Information) Acts 1994–2014: Important for ensuring the agreement doesn't create an unintended employment relationship
Electronic Commerce Act 2000: Relevant if the service agreement is executed electronically or involves digital services
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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