Convention de Prestation de Service Entre Sociétés Template for France

When you need to formalize service relationships between companies in France, a Convention de Prestation de Service Entre Sociétés provides the essential legal framework. This commercial agreement defines the terms under which one company (Le Prestataire) provides services to another company (Le Client), ensuring compliance with French business law while protecting both parties' interests.

When do you need this document?

You require this service agreement whenever your company engages in professional services with another French entity. Whether you're providing consulting services, IT support, marketing campaigns, or technical expertise, this contract establishes clear boundaries and expectations. The agreement becomes particularly crucial when services involve intellectual property, confidential information, or long-term commitments. French law requires written contracts for commercial relationships to ensure enforceability and protect against disputes. You'll also need this document when services exceed certain monetary thresholds or when dealing with public sector clients who mandate formal agreements.

Key legal considerations

Your service agreement must clearly identify both parties with complete company details, including SIREN numbers and registered addresses. The contract scope should precisely describe deliverables, timelines, and performance standards to avoid ambiguity. Financial terms require careful attention, including pricing structures, payment schedules, and penalty clauses for late payment. You must address liability limitations, insurance requirements, and intellectual property ownership to protect your business interests. Consider including confidentiality clauses, non-compete restrictions, and termination conditions. The agreement should specify dispute resolution mechanisms and applicable jurisdiction for potential legal proceedings. Force majeure provisions protect against unforeseeable circumstances that might prevent contract fulfillment.

Legal requirements in France

Under French law, your service contract must comply with the Code civil français governing fundamental contract principles and the Code de commerce regulating commercial relationships. The agreement must respect the Loi n° 75-1334 du 31 décembre 1975 regarding subcontracting and inter-company services. When services involve personnel, you must consider Code du travail provisions for worker protection and posting regulations. The contract should align with Directive 2006/123/CE on services in the internal market, transposed into French law. You must ensure the agreement includes mandatory clauses required by French commercial law, such as payment terms not exceeding 60 days for commercial transactions. Professional liability insurance may be required depending on the service type. The contract must be written in French for enforceability in French courts, and both parties must have legal capacity to enter binding agreements under French corporate law.