Service Delivery Agreement for Nigeria

Service Delivery Agreement Template for Nigeria

This document is a comprehensive Service Delivery Agreement governed by Nigerian law, designed to establish and regulate the provision of services between parties operating within or into Nigeria. It incorporates key requirements under Nigerian contract law, consumer protection legislation, and relevant industry-specific regulations. The agreement addresses essential aspects including service scope, performance standards, payment terms, and dispute resolution mechanisms, while ensuring compliance with local legal requirements such as the Federal Competition and Consumer Protection Act 2018 and relevant tax regulations.

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What is a Service Delivery Agreement?

The Service Delivery Agreement is a fundamental commercial contract used to formalize service arrangements between businesses operating under Nigerian law. This document is essential when one party (the Service Provider) agrees to provide specific services to another party (the Client) on a continuous or project basis. It is particularly relevant in today's Nigerian business environment where service outsourcing and specialized service provision have become increasingly common across various sectors. The agreement covers crucial elements such as service specifications, performance metrics, payment terms, and compliance requirements, while incorporating necessary protections under Nigerian law. It's designed to be adaptable to various service types while maintaining consistency with Nigerian legal requirements, including the Federal Competition and Consumer Protection Act 2018 and relevant industry regulations.

What sections should be included in a Service Delivery Agreement?

1. Parties: Identification and details of the service provider and service recipient, including registration numbers and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided, including deliverables and standards

5. Term and Commencement: Duration of the agreement and conditions for commencement

6. Payment Terms: Fees, payment schedule, invoicing procedures, and VAT considerations

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. Performance Standards: Quality standards, KPIs, and service level requirements

10. Intellectual Property Rights: Ownership and usage rights of any IP created or used in service delivery

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. Termination: Conditions and procedures for ending the agreement

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

What sections are optional to include in a Service Delivery Agreement?

1. Data Protection: Required when services involve processing personal data, ensuring compliance with NDPR 2019

2. Compliance with Anti-Corruption Laws: Important for high-value contracts or government-related services

3. Insurance: Required when services involve significant risks or physical presence

4. Non-Compete: Used when service provider may gain competitive advantage through the engagement

5. Change Control: Important for long-term or complex service arrangements where scope may change

6. Personnel Requirements: Needed when specific qualifications or security clearances are required

7. Security Requirements: Essential for services involving sensitive information or systems access

8. Business Continuity: Important for critical services requiring disaster recovery planning

What schedules should be included in a Service Delivery Agreement?

1. Schedule 1 - Service Description: Detailed specification of services, methodologies, and deliverables

2. Schedule 2 - Charges and Payment: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and measurement methods

4. Schedule 4 - Key Personnel: Details of key staff members and their roles

5. Schedule 5 - Client Dependencies: List of items, access, or information to be provided by the client

6. Schedule 6 - Change Control Procedure: Detailed process for managing changes to services or terms

7. Appendix A - Form of Change Order: Template for documenting agreed changes to services

8. Appendix B - Security Policies: Relevant security procedures and requirements

9. Appendix C - Required Insurance Coverage: Specific insurance types and coverage levels required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Professional Services

Telecommunications

Oil and Gas

Manufacturing

Healthcare

Financial Services

Construction

Education

Logistics and Transportation

Facilities Management

Business Process Outsourcing

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Commercial

Business Development

Project Management

Service Delivery

Technical Operations

Account Management

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Procurement Manager

Contract Manager

Legal Counsel

Operations Director

Project Manager

Service Delivery Manager

Business Development Manager

Risk Manager

Compliance Officer

Commercial Director

Finance Director

Technical Director

Account Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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