The model Services Agreement basic in extent and customer-oriented, addresses the key aspects for hiring a company to provide services (of any kind).
Weagree’s model Services agreement (basic) and customer-oriented is simple in setup and provides a basic protection to the customer. It assumes that there is some predefined scope of the procured services (e.g. in a project description, list of requirements or aimed-at results).
The services agreement basic provides for strict compliance with defined deadlines (to the extent effective, in the circumstances), prohibits the service provider to sub-contract part of its obligations and requires that the service provider has adequate personnel available for conducting the specified services (at appropriate quality). To this extent, a slightly extensive warranty clause is included.
The basic services agreement contains appropriate payment terms for cross-border provision of services. the template also contains a straightforward confidentiality clause.
It is important to note that the model Services agreement does not provide for any protection related to intellectual property rights. This means that in principle, the service provider (not the customer) will become the owner of any delivered designs, technology, software or other ‘work’. Obviously, if customer must be free to use all designs, technology, software or works created by the service provider, this must (still) be reflected in the services agreement.
Elements that are truly context-specific are marked yellow. Obviously, any particularities of the procured services, the project, the milestone-results, the parties’ industries or application or resulting products may require that additional or tailored provisions be included.