The Service Use Agreement serves as a fundamental legal framework for businesses providing services in India, whether digital or traditional. This document is essential when establishing a formal relationship between service providers and their users, ensuring clarity in service delivery terms and protecting both parties' interests. The agreement must comply with Indian legislation, including the Indian Contract Act, 1872, Consumer Protection Act, 2019, and where applicable, the Information Technology Act, 2000. It's particularly crucial in today's digital economy where services are increasingly delivered through online platforms and applications. The document typically covers service scope, usage rights, payment terms, data protection, liability limitations, and dispute resolution mechanisms, all within the Indian legal context.
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1. Parties: Identification and details of the service provider and service user
2. Background: Context of the agreement and brief description of the service offering
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of services being provided and scope
5. Terms of Use: General conditions and requirements for using the service
6. User Obligations: Specific responsibilities and commitments of the service user
7. Service Provider Obligations: Specific responsibilities and commitments of the service provider
8. Fees and Payment: Payment terms, fee structure, and billing procedures
9. Intellectual Property Rights: Ownership and usage rights of intellectual property
10. Confidentiality: Obligations regarding confidential information handling
11. Data Protection and Privacy: Data handling practices and privacy protection measures
12. Term and Termination: Duration of agreement and termination conditions
13. Limitation of Liability: Scope and limits of legal liability for both parties
14. Dispute Resolution: Procedures for handling disputes and jurisdiction details
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Service Level Agreement: Include when specific service performance metrics and standards need to be guaranteed
2. Security Requirements: Include for services involving sensitive data or requiring specific security measures
3. Compliance Requirements: Include when service must meet specific regulatory or industry standards
4. Third-Party Integration: Include when service involves integration with third-party services or products
5. User Content: Include when users can create, upload, or share content through the service
6. Beta Services: Include when offering pre-release or testing versions of services
7. Insurance: Include when specific insurance coverage is required for service provision
8. Force Majeure: Include when specific circumstances beyond control need detailed treatment
1. Schedule A - Service Specifications: Detailed technical specifications and features of the service
2. Schedule B - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule C - Service Levels: Specific performance metrics, uptime guarantees, and response times
4. Schedule D - Data Processing Agreement: Detailed terms for handling personal and sensitive data
5. Schedule E - Support Services: Details of technical support and maintenance services
6. Appendix 1 - Authorized Users: List of authorized users or user categories and their access rights
7. Appendix 2 - Security Policies: Detailed security protocols and requirements
8. Appendix 3 - Acceptable Use Policy: Specific rules and restrictions for service usage
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