The Outsourcing Agreement Between Two Companies is a crucial legal document used when one company wishes to delegate certain business functions or operations to another company in Nigeria. This agreement is essential in today's business environment where companies increasingly focus on core competencies while outsourcing peripheral functions to specialized service providers. The document must comply with Nigerian legal requirements, including the Companies and Allied Matters Act (CAMA) 2020, labor laws, and data protection regulations. It typically includes detailed provisions on service scope, performance metrics, pricing, intellectual property rights, confidentiality, and dispute resolution. The agreement is particularly important in protecting both parties' interests while ensuring clear accountability and compliance with local regulations. It should be customized based on the specific services being outsourced, industry requirements, and the scale of the outsourcing arrangement.
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1. Parties: Details of the service provider and customer, including registered addresses and company registration numbers
2. Background: Context of the agreement and brief description of the parties' 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 core obligations and deliverables
5. Term and Commencement: Duration of the agreement, including start date and renewal provisions
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Customer's Obligations: Key responsibilities and commitments of the customer
8. Charges and Payment Terms: Pricing, payment schedule, invoicing, and payment terms
9. Service Levels and Performance: Performance standards, KPIs, and measurement criteria
10. Governance and Reporting: Management structure, reporting requirements, and review processes
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with NDPR and data handling requirements
13. Liability and Indemnities: Limitation of liability and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Termination: Termination rights, process, and consequences
16. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
17. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Intellectual Property Rights: Required if the services involve creation, licensing, or transfer of IP
2. Staff Transfer and Employment: Needed if the outsourcing involves transfer of employees
3. Technology Transfer: Required for technology-based outsourcing arrangements
4. Business Continuity and Disaster Recovery: Important for critical services or high-value contracts
5. Compliance with Industry Regulations: Required for regulated industries like finance or healthcare
6. Anti-Bribery and Corruption: Important for high-value contracts or government-related services
7. Environmental Compliance: Relevant for services with environmental impact
8. Insurance: Detailed insurance requirements for high-risk services
9. Security Requirements: Important for services involving sensitive data or physical security
10. Change Control: Required for complex services likely to need adaptation over time
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Service Levels: Detailed service level agreements and KPIs
3. Schedule 3 - Charges: Detailed pricing structure and payment terms
4. Schedule 4 - Customer Dependencies: Detailed list of customer-provided items and support
5. Schedule 5 - Implementation Plan: Transition and implementation timeline and milestones
6. Schedule 6 - Key Personnel: Details of key staff from both parties
7. Schedule 7 - Governance Procedures: Detailed governance and escalation procedures
8. Schedule 8 - Form of Change Control Notice: Template for requesting and documenting changes
9. Appendix A - Data Processing Agreement: Detailed data protection and processing terms
10. Appendix B - Business Continuity Plan: Detailed disaster recovery and business continuity procedures
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Business Day
Change Control
Change Control Notice
Charges
Commencement Date
Confidential Information
Contract Year
Customer
Customer Data
Customer Dependencies
Customer Materials
Deliverables
Dispute Resolution Procedure
Effective Date
Force Majeure Event
Good Industry Practice
Governance Procedures
Implementation Plan
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
NDPR
Notice
Parties
Personal Data
Project Manager
Related Agreements
Renewal Term
Representatives
Service Credits
Service Levels
Service Provider
Services
Subcontractor
Term
Termination Date
Transition Period
Transition Plan
VAT
Working Hours
Agreement
Applicable Law
Business Day
Change Control
Change Control Notice
Charges
Commencement Date
Confidential Information
Contract Year
Customer
Customer Data
Customer Dependencies
Customer Materials
Deliverables
Dispute Resolution Procedure
Effective Date
Force Majeure Event
Good Industry Practice
Governance Procedures
Implementation Plan
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
NDPR
Notice
Parties
Personal Data
Project Manager
Related Agreements
Renewal Term
Representatives
Service Credits
Service Levels
Service Provider
Services
Subcontractor
Term
Termination Date
Transition Period
Transition Plan
VAT
Working Hours
Clauses
Interpretation
Service Provision
Service Levels
Performance Monitoring
Customer Obligations
Service Provider Obligations
Charges and Payment
Intellectual Property Rights
Confidentiality
Data Protection
Staff and Personnel
Governance
Change Control
Force Majeure
Liability and Indemnities
Insurance
Term and Termination
Exit Management
Anti-Bribery and Corruption
Assignment and Subcontracting
Dispute Resolution
Notices
Governing Law and Jurisdiction
Entire Agreement
Severability
Variations
Third Party Rights
Waiver
Competition Law Compliance
Business Continuity
Audit Rights
Security Requirements
Regulatory Compliance
Service Provision
Service Levels
Performance Monitoring
Customer Obligations
Service Provider Obligations
Charges and Payment
Intellectual Property Rights
Confidentiality
Data Protection
Staff and Personnel
Governance
Change Control
Force Majeure
Liability and Indemnities
Insurance
Term and Termination
Exit Management
Anti-Bribery and Corruption
Assignment and Subcontracting
Dispute Resolution
Notices
Governing Law and Jurisdiction
Entire Agreement
Severability
Variations
Third Party Rights
Waiver
Competition Law Compliance
Business Continuity
Audit Rights
Security Requirements
Regulatory Compliance
Relevant Industries
Information Technology
Business Process Outsourcing
Manufacturing
Financial Services
Healthcare
Telecommunications
Energy and Utilities
Professional Services
Logistics and Supply Chain
Human Resources
Relevant Teams
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Information Technology
Human Resources
Commercial
Business Development
Project Management
Service Delivery
Vendor Management
Quality Assurance
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
General Counsel
Legal Director
Procurement Manager
Operations Director
Contract Manager
Vendor Relations Manager
Compliance Officer
Risk Manager
Project Manager
Service Delivery Manager
Commercial Director
Business Development Manager
Head of Operations
Chief Technology Officer
Human Resources Director
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