The Professional Services Contract is essential for businesses engaging external expertise or providing professional services in England and Wales. It serves as a comprehensive framework defining the commercial relationship, scope of work, payment terms, and key protections for both parties. This contract type is particularly relevant in today's business environment where specialized expertise is frequently sourced externally. It incorporates necessary legal protections under English and Welsh law, including provisions for intellectual property, confidentiality, and liability limitations, while ensuring compliance with relevant legislation such as the Supply of Goods and Services Act 1982.
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1. Parties: Identification and details of the contracting parties
2. Background/Recitals: Context of the agreement and high-level description of services
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of services to be provided
5. Fees and Payment: Payment terms, rates, and invoicing procedures
6. Term and Termination: Duration of agreement and termination provisions
7. Obligations of the Parties: Key responsibilities of service provider and client
8. Intellectual Property Rights: Ownership and usage rights of created materials
9. Confidentiality: Protection of confidential information
10. Liability and Indemnity: Limitation of liability and indemnification provisions
1. Change Control: Process for managing changes to services - used for complex or long-term service arrangements
2. Service Levels: Performance metrics and standards - used when specific performance targets are required
3. Insurance: Required insurance coverage - used for high-risk or regulated services
4. Data Protection: GDPR and data protection compliance - used when personal data is processed
5. Anti-Bribery: Anti-corruption compliance - used for international services or public sector work
1. Schedule of Services: Detailed scope of services and deliverables
2. Fee Schedule: Detailed breakdown of fees and charges
3. Service Levels Schedule: Detailed performance metrics and measurement criteria
4. Key Personnel Schedule: List of key staff assigned to the services
5. Data Processing Agreement: Detailed data protection obligations if applicable
6. Change Control Procedure: Detailed process for implementing changes
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