The Mutual Service Agreement is designed for situations where two organizations agree to provide services to each other under Irish law. This document is particularly useful when businesses seek to formalize reciprocal service arrangements, ensuring clear definition of each party's obligations, service standards, and commercial terms. It addresses key aspects such as service delivery, performance metrics, payment mechanisms, and risk allocation, while incorporating necessary compliance elements for Irish and EU regulations, including GDPR. The agreement is structured to provide comprehensive coverage of both parties' interests while maintaining flexibility for specific service requirements and industry standards. Commonly used in business-to-business relationships, this agreement type is essential for establishing clear governance and operational frameworks for ongoing service exchange relationships.
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1. Parties: Identifies and provides full legal details of both parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the mutual intention to provide services to each other
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Services: Detailed description of the services to be provided by each party to the other
5. Service Standards: Establishes the quality standards and performance levels required from both parties
6. Mutual Obligations: Sets out the core obligations and responsibilities of each party
7. Fees and Payment: Details the fee structure, payment terms, and any set-off arrangements between parties
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Intellectual Property Rights: Addresses ownership and usage rights of IP created or used during service delivery
10. Confidentiality: Establishes mutual obligations regarding confidential information
11. Data Protection: Sets out compliance requirements with GDPR and Irish data protection laws
12. Liability and Indemnities: Defines the extent of each party's liability and indemnification obligations
13. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery
14. Governing Law and Jurisdiction: Confirms Irish law governance and jurisdiction for disputes
15. General Provisions: Contains standard boilerplate clauses including notices, assignment, and entire agreement
1. Insurance: Required when services involve significant risks or regulatory requirements for insurance coverage
2. Personnel: Needed when specific staff or key personnel are critical to service delivery
3. Change Control: Include when services are likely to require formal modification procedures
4. Audit Rights: Important when compliance verification or performance monitoring is required
5. Business Continuity: Necessary for critical services requiring disaster recovery planning
6. Anti-Bribery and Corruption: Include when services involve public sector or high-risk jurisdictions
7. Environmental Compliance: Required when services have environmental impacts or risks
8. Security Requirements: Include when services involve handling sensitive information or systems access
9. Dispute Resolution: Optional detailed procedures for handling disputes before litigation
1. Schedule 1 - Service Specifications: Detailed technical specifications of services provided by each party
2. Schedule 2 - Service Levels: Specific performance metrics and KPIs for each service
3. Schedule 3 - Charges and Payment: Detailed fee structures, rates, and payment mechanisms
4. Schedule 4 - Key Personnel: Names and roles of key staff members from each party
5. Schedule 5 - Data Processing Requirements: Specific data handling and protection requirements
6. Schedule 6 - Change Control Procedures: Detailed processes for implementing service changes
7. Schedule 7 - Exit Plan: Procedures for service transition upon agreement termination
8. Appendix A - Contact Details: Key contact information for both parties
9. Appendix B - Required Insurance Coverage: Specific insurance types and coverage levels required
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