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Extended Service Agreement

Extended Service Agreement Template for Philippines

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Key Requirements PROMPT example:

Extended Service Agreement

"I need an Extended Service Agreement for providing IT infrastructure management services to a large corporate client in Manila, with service commencement from January 1, 2025, including provisions for 24/7 support and strict data privacy compliance."

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Document background
The Extended Service Agreement is a crucial document for businesses operating in the Philippines that require a formal framework for ongoing service provision. It is particularly relevant when services are provided over an extended period and need detailed specification of delivery terms, quality standards, and performance metrics. This agreement type is commonly used in various sectors including IT services, facilities management, professional services, and business process outsourcing. The document must comply with Philippine Civil Code requirements for contracts, Consumer Act provisions if applicable, and specific industry regulations. It typically includes comprehensive terms covering service scope, performance standards, payment structures, dispute resolution mechanisms, and termination procedures. The agreement is designed to provide clear guidelines for service delivery while protecting both parties' interests throughout the service relationship.
Suggested Sections

1. Parties: Identification of the service provider and customer, including complete legal names and 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 Services: Detailed description of services to be provided, including service levels and standards

5. Term and Renewal: Duration of the agreement and conditions for renewal or extension

6. Payment Terms: Fees, payment schedule, invoicing procedures, and late payment consequences

7. Service Provider Obligations: Key responsibilities and commitments of the service provider

8. Customer Obligations: Key responsibilities and commitments of the customer

9. Performance Standards: Metrics and KPIs for measuring service quality and performance

10. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision

11. Confidentiality: Protection and handling of confidential information

12. Data Protection: Compliance with Philippine Data Privacy Act and data handling procedures

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

14. Termination: Grounds and procedures for termination, including notice periods

15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

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

Optional Sections

1. Force Majeure: Provisions for handling events beyond parties' control - include if services are susceptible to external disruptions

2. Insurance: Insurance requirements and coverage - include if services involve physical presence or high-risk activities

3. Compliance with Laws: Specific regulatory compliance obligations - include if industry-specific regulations apply

4. Anti-Corruption: Anti-bribery and corruption provisions - include if dealing with government entities or high-risk sectors

5. Change Control: Procedures for managing changes to services - include if service scope likely to evolve

6. Transition Services: Procedures for service handover - include if complex service transition is needed

7. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

8. Subcontracting: Terms for engaging subcontractors - include if subcontracting is anticipated

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed technical specifications of services to be provided

2. Schedule 2 - Service Levels: Detailed service level agreements (SLAs) and performance metrics

3. Schedule 3 - Pricing and Payment Schedule: Detailed breakdown of fees, rates, and payment terms

4. Schedule 4 - Key Personnel: List of key personnel from both parties responsible for service delivery

5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation

6. Appendix A - Service Reports: Templates for service performance reporting

7. Appendix B - Escalation Matrix: Contact details and procedures for issue escalation

8. Appendix C - Data Processing Agreement: Detailed data handling and privacy protection procedures

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Commencement Date
Confidential Information
Contract Year
Customer
Customer Materials
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Normal Business Hours
Notice
Performance Standards
Personal Data
Personnel
Renewal Term
Representatives
Service Credits
Service Levels
Services
Service Provider
Service Recipient
Service Specifications
Site
Subcontractor
Term
Termination Date
Third Party
Working Hours
Change Request
Documentation
Emergency
Fees
Implementation Plan
Milestone
Quality Standards
Regulatory Requirements
Response Time
Service Schedule
Service Location
Support Services
System
Transition Period
VAT
Clauses
Service Provision
Term and Duration
Payment Terms
Performance Standards
Service Levels
Quality Assurance
Reporting Requirements
Key Personnel
Customer Obligations
Provider Obligations
Change Control
Intellectual Property
Confidentiality
Data Protection
Privacy
Force Majeure
Liability
Indemnification
Insurance
Termination
Exit Management
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Amendment
Severability
Waiver
Relationship of Parties
Anti-Corruption
Compliance with Laws
Health and Safety
Business Continuity
Disaster Recovery
Audit Rights
Records Maintenance
Warranties
Service Credits
Escalation Procedures
Non-Solicitation
Transition Services
Security Requirements
Environmental Compliance
Third-Party Rights
Relevant Industries

Information Technology

Professional Services

Healthcare

Education

Facilities Management

Telecommunications

Manufacturing

Financial Services

Real Estate

Construction

Business Process Outsourcing

Consulting

Maintenance Services

Security Services

Hospitality

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Compliance

Risk Management

Service Delivery

Account Management

Business Development

Contract Administration

Supply Chain

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Procurement Manager

Contract Manager

Legal Counsel

Operations Director

Service Delivery Manager

Account Manager

Business Development Manager

Facility Manager

Project Manager

Risk Manager

Compliance Officer

Commercial Director

Chief Financial Officer

Vendor Manager

Supply Chain Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts in the Philippines, including formation, validity, interpretation, and termination of contracts
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumers against deceptive, unfair, and unconscionable sales acts and practices, and regulates service warranties
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic transactions and digital contracts, relevant if services are provided electronically or contract is executed digitally
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and protection of personal information, applicable if service involves handling customer data
Labor Code of the Philippines (Presidential Decree No. 442): Relevant if the service agreement involves employment or contractor relationships
Tax Code of the Philippines (National Internal Revenue Code): Governs taxation aspects of service contracts, including VAT and withholding tax obligations
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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