The “Services” domain defines the services your business receives. If z.B. a clothing supplier creates swag for your startup, you want this section to include a broken down list of products, additional services (for example storage. B, delivery costs, etc.). This section must be detailed and precise. An effective general approach to reaping the benefits of a comprehensive agreement while avoiding potential pitfalls is to enter into a single global agreement applicable to all services provided by a single service provider that requires the activities, subsidiaries or affiliated companies of the parties, or authorizes (if applicable) separate local agreements. Local agreements should take into account the terms of the global agreement by reference, including the terms and conditions applicable to the specific trade contract (for example. B price, volume, duration and specifications) and meet all legal or regulatory requirements specific to the location covered by the local agreement. A single global agreement is an effective approach for a number of reasons: the “Amendment” section explains how the parties can change the agreement when circumstances (i.e.
the extent of benefits) change over the course of the relationship. As a general rule, written agreement between both parties is necessary to amend the agreement. The responsibility of the affiliates. A comprehensive agreement should not specify whether and to what extent the signatory parties are responsible for the actions of their subsidiaries or related companies, which may be an involuntarily responsible party for the actions of its related companies or another party without remedying them. This provision should be clearly stated in any comprehensive agreement, including whether one party can act directly against subsidiaries or associated businesses of another party. The use of local agreements can be useful if the ability to act directly against a party`s local partners is a priority. We hope this will improve your understanding of some of the most important provisions of a service contract! You can specify all the differences with the MSA by providing more specific details for each new contract or order. These characteristics often include working hours that depend on local working conditions; pricing that is influenced by the cost of living in the contract territory; and materials available in local markets. For.B example, the MSA requires you to maintain a client`s computer once a month and define the types of services you provide, your warranties and your contact information. Your customer`s monthly order can then indicate the exact date of the maintenance, plus the cost of all deliveries needed to complete the process.
The section defining the terms of payment is important and must indicate how much, when and how the supplier receives compensation. Typically, the provider needs a down payment to secure the services and includes a balloon payment or a series of payments during the service. Write down the payment plan, otherwise you may be owed a late fee or violate the agreement. To get good practice and to make sure you receive all the services you request, ask for a broken down list explaining the total cost. This individual statement should be included in the service agreement as an exhibition. When an organization is considering a major trade agreement or outsourcing agreement covering global operations on multiple service sites, subsidiaries or related companies, it should consider the potential benefits and pitfalls when a single global agreement is used in relation to local (or “location-specific”) agreements to drive the transaction.