The Subcontractor Framework Agreement is designed for businesses operating in India that regularly engage subcontractors for various projects or services. It provides a master agreement structure that governs the overall relationship between the main contractor and subcontractor, while allowing for specific work orders to be issued without negotiating new terms each time. This document is particularly valuable for companies managing multiple subcontractor relationships across various projects, as it streamlines contracting processes while ensuring consistency in terms and compliance with Indian legal requirements. The agreement incorporates essential elements of Indian contract law, labor regulations, and industry-specific compliance requirements, making it suitable for both domestic and international companies operating in India. It includes provisions for work allocation, pricing mechanisms, performance monitoring, risk management, and dispute resolution, while maintaining flexibility to accommodate project-specific requirements through work orders.
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Key Requirements PROMPT example:
Subcontractor Framework Agreement
"I need a Subcontractor Framework Agreement for my IT services company based in Bangalore, to be used with multiple software development subcontractors across India, with specific focus on data security and intellectual property protection."
1. Parties: Identification of the main contractor and subcontractor with full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Overview of services/works covered and framework nature of the arrangement
5. Ordering Process: Procedure for issuing and accepting work orders under the framework
6. Subcontractor Obligations: Key responsibilities and service standards expected from the subcontractor
7. Main Contractor Obligations: Key responsibilities of the main contractor including payment terms
8. Pricing and Payment: Payment terms, invoicing process, and price adjustment mechanisms
9. Performance Standards: Quality standards, KPIs, and performance monitoring processes
10. Compliance and Regulations: Regulatory compliance requirements under Indian law
11. Intellectual Property: Ownership and usage rights of IP created during service provision
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnity: Risk allocation, limitation of liability, and indemnification provisions
14. Insurance: Required insurance coverage and minimum limits
15. Term and Termination: Duration, renewal, and termination provisions
16. Dispute Resolution: Process for resolving disputes including arbitration under Indian law
17. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Health and Safety: Specific health and safety requirements - include for construction or industrial services
2. Environmental Compliance: Environmental standards and compliance - include for environmentally sensitive work
3. Security Requirements: IT and physical security requirements - include for sensitive or high-security projects
4. Data Protection: Data handling and privacy requirements - include when personal data processing is involved
5. Equipment and Materials: Provisions regarding supply and maintenance of equipment - include for equipment-intensive services
6. Training Requirements: Staff training and certification requirements - include for specialized service areas
7. Business Continuity: Business continuity and disaster recovery requirements - include for critical services
8. Export Control: Export control compliance - include for international projects or restricted goods/technology
1. Schedule 1 - Scope of Services: Detailed description of services/works covered under the framework
2. Schedule 2 - Rate Card: Pricing details, rates, and charging mechanisms
3. Schedule 3 - Service Levels: Detailed service level requirements and KPI metrics
4. Schedule 4 - Form of Work Order: Template for individual work orders under the framework
5. Schedule 5 - Technical Requirements: Technical specifications and standards
6. Schedule 6 - Compliance Requirements: Detailed regulatory and compliance requirements
7. Schedule 7 - Key Personnel: List of key personnel and their roles
8. Schedule 8 - Approved Subcontractors: List of pre-approved sub-subcontractors if applicable
9. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage
10. Appendix B - HSE Standards: Health, safety, and environmental standards
Authors
Relevant legal definitions
Acceptance Criteria
Affiliate
Applicable Laws
Approved Sub-subcontractors
Background IP
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Deliverables
Delivery Location
Dispute
Effective Date
Force Majeure Event
Framework Agreement
Good Industry Practice
Governmental Authority
GST
Indemnified Parties
Intellectual Property Rights
Key Personnel
KPIs
Losses
Main Contract
Material Breach
Notice
Parent Company
Performance Bond
Project
Project Manager
Quality Standards
Rate Card
Relevant Authority
Representatives
Schedule
Scope of Services
Service Credits
Service Levels
Services
Site
Special Terms
Specifications
Staff
Standards
Subcontract Works
Term
Third Party
Time for Completion
Variation
Work Order
Working Hours
Affiliate
Applicable Laws
Approved Sub-subcontractors
Background IP
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Deliverables
Delivery Location
Dispute
Effective Date
Force Majeure Event
Framework Agreement
Good Industry Practice
Governmental Authority
GST
Indemnified Parties
Intellectual Property Rights
Key Personnel
KPIs
Losses
Main Contract
Material Breach
Notice
Parent Company
Performance Bond
Project
Project Manager
Quality Standards
Rate Card
Relevant Authority
Representatives
Schedule
Scope of Services
Service Credits
Service Levels
Services
Site
Special Terms
Specifications
Staff
Standards
Subcontract Works
Term
Third Party
Time for Completion
Variation
Work Order
Working Hours
Clauses
Parties
Definitions
Interpretation
Framework Structure
Appointment
Duration
Work Order Process
Performance Standards
Quality Control
Payment Terms
Invoicing
Tax Compliance
Subcontractor Obligations
Main Contractor Obligations
Representations and Warranties
Staff and Labor
Materials and Equipment
Health and Safety
Environmental Compliance
Regulatory Compliance
Record Keeping
Audit Rights
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Insurance
Liability
Indemnification
Suspension
Termination
Step-in Rights
Assignment and Subcontracting
Change Control
Dispute Resolution
Notices
Governing Law
Anti-Corruption
Entire Agreement
Severability
Waiver
Counterparts
Third Party Rights
Definitions
Interpretation
Framework Structure
Appointment
Duration
Work Order Process
Performance Standards
Quality Control
Payment Terms
Invoicing
Tax Compliance
Subcontractor Obligations
Main Contractor Obligations
Representations and Warranties
Staff and Labor
Materials and Equipment
Health and Safety
Environmental Compliance
Regulatory Compliance
Record Keeping
Audit Rights
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Insurance
Liability
Indemnification
Suspension
Termination
Step-in Rights
Assignment and Subcontracting
Change Control
Dispute Resolution
Notices
Governing Law
Anti-Corruption
Entire Agreement
Severability
Waiver
Counterparts
Third Party Rights
Relevant Industries
Construction
Information Technology
Manufacturing
Engineering
Telecommunications
Infrastructure
Energy
Mining
Facilities Management
Professional Services
Industrial Services
Defense
Healthcare
Transportation
Real Estate Development
Relevant Teams
Legal
Procurement
Operations
Commercial
Supply Chain
Risk & Compliance
Finance
Project Management Office
Business Development
Quality Assurance
Health Safety & Environment
Vendor Management
Technical Services
Relevant Roles
Procurement Manager
Contract Manager
Legal Counsel
Project Manager
Operations Director
Commercial Manager
Supply Chain Manager
Vendor Manager
Risk Manager
Compliance Officer
Chief Operating Officer
General Counsel
Head of Legal
Business Development Manager
Finance Director
Technical Director
Quality Assurance Manager
HSE Manager
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