The Extended Service Agreement (Erweiterter Dienstleistungsvertrag) is designed for complex, long-term service relationships under German law where standard service agreements may be insufficient. It is particularly suitable when services require detailed performance metrics, specific service levels, and comprehensive operational frameworks. This document type incorporates elements from both service contracts (Dienstvertrag) and contracts for work (Werkvertrag) under the German Civil Code, while ensuring compliance with German commercial law, data protection regulations, and industry-specific requirements. It is commonly used in situations requiring ongoing professional services, technical support, or managed services, where the relationship between parties needs careful structuring and clear governance mechanisms.
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1. Parties: Identification and details of the contracting parties including full legal names, 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 the services to be provided, including core obligations and deliverables
5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
6. Service Levels: Performance standards, metrics, and measurement methods
7. Fees and Payment Terms: Pricing structure, payment schedule, invoicing, and late payment consequences
8. Obligations of Service Provider: Key responsibilities and commitments of the service provider
9. Obligations of Customer: Key responsibilities and commitments of the customer
10. Intellectual Property Rights: Ownership and licensing of IP created or used during service provision
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. Force Majeure: Provisions for handling events beyond reasonable control
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Data Protection: Detailed GDPR compliance provisions, required when personal data processing is involved
2. Personnel and Subcontractors: Rules regarding service provider's staff and use of subcontractors, needed when service delivery involves third parties
3. Change Management: Procedures for handling changes to services or terms, recommended for complex or long-term services
4. Disaster Recovery: Business continuity and disaster recovery procedures, important for critical services
5. Training and Support: Details of training and ongoing support services, relevant when knowledge transfer is required
6. Compliance and Audit Rights: Regulatory compliance requirements and audit provisions, necessary for regulated industries
7. Exit Management: Transition arrangements at contract end, important for complex service relationships
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements
3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, payment terms, and pricing mechanisms
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
5. Schedule 5 - Contact Details and Escalation Procedure: Key personnel contacts and issue escalation process
6. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery
7. Appendix B - Security Requirements: Security protocols and requirements for service provision
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