The Business Service Agreement serves as a fundamental legal instrument in Nigerian commercial transactions, essential for formalizing service-based business relationships. This document is particularly relevant in the context of Nigeria's growing service sector and increasing business process outsourcing activities. It should be used whenever a company engages external service providers for significant business functions, ensuring compliance with Nigerian legislation including the Companies and Allied Matters Act (CAMA) 2020, Federal Competition and Consumer Protection Act, and sector-specific regulations. The agreement typically covers service specifications, performance metrics, payment terms, and risk allocation, while incorporating necessary provisions for data protection, intellectual property rights, and dispute resolution under Nigerian law. It's designed to protect both parties' interests while ensuring clarity in service delivery expectations and legal obligations.
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1. Parties: Identification and details of the service provider and client, including registered addresses and company registration numbers
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Services: Detailed description of services to be provided, including deliverables and service standards
5. Term and Commencement: Duration of the agreement and conditions for commencement
6. Fees and Payment Terms: Service fees, payment schedule, invoicing procedures, and late payment consequences
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
10. Confidentiality: Protection and handling of confidential information
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Termination: Grounds for termination and termination procedures
13. Force Majeure: Provisions for unforeseeable circumstances preventing performance
14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments
1. Service Levels: Detailed service level agreements (SLAs) and performance metrics - include when specific performance standards are crucial
2. Data Protection: Specific provisions for handling personal data - include when services involve data processing
3. Anti-Corruption and Compliance: Specific compliance requirements - include for high-value or government-related contracts
4. Insurance: Insurance requirements and coverage - include for high-risk services
5. Personnel: Requirements for staff qualifications and conduct - include when service delivery involves dedicated personnel
6. Subcontracting: Terms for engaging subcontractors - include when subcontracting is anticipated
7. Change Control: Procedures for changing service scope or terms - include for long-term or complex services
8. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
9. Exit Management: Detailed exit procedures - include for complex services requiring transition
10. Non-Competition: Restrictions on competitive activities - include when protecting market position is crucial
1. Schedule 1 - Service Description: Detailed specification of services, methodologies, and deliverables
2. Schedule 2 - Fees and Payment Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Detailed performance metrics, measurement methods, and remedies
4. Schedule 4 - Key Personnel: Details of key staff members and their roles
5. Schedule 5 - Client Dependencies: List of items, information, or access to be provided by the client
6. Schedule 6 - Change Control Procedure: Detailed process for requesting and implementing changes
7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix A - Form of Change Order: Template for documenting agreed changes to services
9. Appendix B - Security Requirements: Detailed security protocols and requirements
10. Appendix C - Reports and Documentation: Templates and requirements for regular reporting
Relevant legal definitions
Agreement
Applicable Law
Business Day
Charges
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Parties
Personal Data
Representatives
Services
Service Levels
Service Provider
Service Provider Materials
Specifications
Staff
Subcontractor
Term
Territory
Third Party
Working Hours
Change Request
Dispute
Emergency
Fees
Implementation Plan
Loss
Milestone
Notice
Payment Terms
Performance Standards
Project
Quality Standards
Records
Renewal Term
Reports
Schedule
Service Credits
Service Location
Termination Date
Variation
Work Product
Applicable Law
Business Day
Charges
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Parties
Personal Data
Representatives
Services
Service Levels
Service Provider
Service Provider Materials
Specifications
Staff
Subcontractor
Term
Territory
Third Party
Working Hours
Change Request
Dispute
Emergency
Fees
Implementation Plan
Loss
Milestone
Notice
Payment Terms
Performance Standards
Project
Quality Standards
Records
Renewal Term
Reports
Schedule
Service Credits
Service Location
Termination Date
Variation
Work Product
Clauses
Definitions and Interpretation
Service Scope
Term and Duration
Service Provider Obligations
Client Obligations
Fees and Payment
Service Levels
Performance Standards
Quality Assurance
Staff and Personnel
Subcontracting
Intellectual Property Rights
Confidentiality
Data Protection
Security Requirements
Warranties
Indemnification
Limitation of Liability
Force Majeure
Insurance
Termination Rights
Exit Management
Change Control
Dispute Resolution
Governing Law
Assignment and Novation
Notices
Entire Agreement
Severability
Waiver
Amendments
Third Party Rights
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Business Continuity
Non-Competition
Non-Solicitation
Publicity
Relationship of Parties
Time of Essence
Counterparts
Tax Compliance
Foreign Exchange
Local Content
Service Scope
Term and Duration
Service Provider Obligations
Client Obligations
Fees and Payment
Service Levels
Performance Standards
Quality Assurance
Staff and Personnel
Subcontracting
Intellectual Property Rights
Confidentiality
Data Protection
Security Requirements
Warranties
Indemnification
Limitation of Liability
Force Majeure
Insurance
Termination Rights
Exit Management
Change Control
Dispute Resolution
Governing Law
Assignment and Novation
Notices
Entire Agreement
Severability
Waiver
Amendments
Third Party Rights
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Business Continuity
Non-Competition
Non-Solicitation
Publicity
Relationship of Parties
Time of Essence
Counterparts
Tax Compliance
Foreign Exchange
Local Content
Relevant Industries
Information Technology
Professional Services
Management Consulting
Financial Services
Telecommunications
Healthcare
Manufacturing
Energy and Utilities
Real Estate
Education
Logistics and Transportation
Business Process Outsourcing
Construction
Retail
Agriculture
Relevant Teams
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Commercial
Business Development
Project Management
Vendor Management
Contract Administration
Corporate Affairs
Service Delivery
Account Management
Business Operations
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Legal Counsel
Procurement Manager
Contract Manager
Business Development Manager
Operations Director
Compliance Officer
Project Manager
Finance Director
Risk Manager
Commercial Director
Service Delivery Manager
Account Manager
General Counsel
Head of Operations
Chief Financial Officer
Vendor Management Specialist
Business Unit Head
Department Manager
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