The Service Agreement is a fundamental commercial contract used in Nigerian business transactions to formalize the relationship between service providers and their clients. This document is essential when one party agrees to provide professional services to another for consideration, whether in consulting, technology, maintenance, or other professional services sectors. The agreement must comply with Nigerian contract law principles and relevant sector-specific regulations, while addressing key aspects such as service scope, payment terms, performance standards, and risk allocation. It's particularly important in the Nigerian context where business relationships need clear documentation to ensure enforceability and protect both parties' interests in case of disputes.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and brief description of the parties' intention
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Payment Terms: Fees, payment schedule, invoicing, and payment methods
7. Obligations of the Service Provider: Key responsibilities and commitments of the service provider
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Representations and Warranties: Statements of fact and promises made by both parties
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Ownership and usage rights of intellectual property
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
16. Execution: Signature blocks and execution formalities
1. Service Levels: Include when specific performance metrics need to be maintained
2. Data Protection: Include when personal data processing is involved
3. Insurance: Include when specific insurance requirements are needed
4. Compliance with Laws: Include when specific regulatory compliance is critical
5. Personnel: Include when specific staff or qualifications are required
6. Security Requirements: Include when handling sensitive information or systems
7. Change Control: Include for complex services requiring formal change processes
8. Transition and Exit: Include when complex handover procedures are needed
9. Anti-Bribery and Corruption: Include for high-value contracts or government-related services
10. Business Continuity: Include when service continuity is critical
1. Service Description: Detailed specifications of services to be provided
2. Pricing Schedule: Detailed breakdown of fees, rates, and charges
3. Service Levels and KPIs: Detailed performance metrics and measurement criteria
4. Personnel: Key personnel, qualifications, and roles
5. Client Dependencies: Detailed list of client-provided items and assistance
6. Technical Requirements: Technical specifications and requirements
7. Change Control Procedure: Detailed process for managing changes
8. Form of Reports: Templates and formats for required reports
9. Security Requirements: Detailed security protocols and requirements
10. Exit Plan: Detailed transition-out procedures and requirements
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