This Third Party Vendor Contract is essential for businesses operating in Ireland that engage external service providers for various business functions. The document is designed to comply with Irish contract law, EU regulations, and industry-specific requirements, providing a comprehensive framework for managing vendor relationships. It should be used whenever a business engages external suppliers for significant services or ongoing business relationships. The contract includes crucial provisions for risk management, service level agreements, data protection, and regulatory compliance, while incorporating specific Irish legal requirements and EU directives. It's particularly important for establishing clear commercial terms, performance metrics, and liability frameworks in vendor relationships.
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1. Parties: Identifies the contracting parties with their full legal names and registered addresses
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Services: Details the services to be provided by the vendor, including scope and service levels
5. Term and Renewal: Specifies the initial term and any renewal provisions
6. Charges and Payment: Details the fees, payment terms, invoicing requirements, and any rate card
7. Vendor Obligations: Sets out the key obligations and responsibilities of the vendor
8. Customer Obligations: Details what the customer must provide or do to enable service delivery
9. Compliance: Covers regulatory compliance, permits, and authorizations required
10. Intellectual Property Rights: Addresses ownership and licensing of IP created or used in the services
11. Confidentiality: Protects confidential information shared between parties
12. Liability and Indemnities: Sets out liability caps, exclusions, and indemnification obligations
13. Insurance: Specifies required insurance coverage
14. Termination: Details termination rights, process, and consequences
15. General Provisions: Includes standard boilerplate clauses like notices, assignment, and governing law
1. Data Protection: Required when personal data will be processed by the vendor
2. Security Requirements: Needed for vendors accessing systems or handling sensitive information
3. Business Continuity: Important for critical service providers
4. Anti-Bribery and Corruption: Required for high-risk jurisdictions or regulated industries
5. Environmental Compliance: Relevant for vendors whose services have environmental impact
6. Import/Export Controls: Required when services involve cross-border transfer of goods or technology
7. Staff Vetting: Important when vendor staff will have access to sensitive areas or information
8. Change Control: Needed for long-term contracts where scope may evolve
9. Source Code Escrow: Required when relying on vendor's proprietary software
10. Parent Company Guarantee: Important when contracting with smaller subsidiaries
1. Schedule 1 - Services Description: Detailed description of services, deliverables, and technical requirements
2. Schedule 2 - Service Levels: Performance metrics, measurement, and service credits
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones
4. Schedule 4 - Customer Dependencies: Detailed list of customer obligations and prerequisites
5. Schedule 5 - Key Personnel: Names and roles of key vendor staff assigned to the services
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms if applicable
7. Schedule 7 - Security Requirements: Detailed security protocols and requirements
8. Schedule 8 - Business Continuity Plan: Disaster recovery and business continuity procedures
9. Schedule 9 - Exit Plan: Transition assistance and handover requirements
10. Appendix 1 - Form of Change Order: Template for documenting agreed changes to services or terms
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