This SLA Agency agreement is designed for use in the German market when establishing a formal service relationship between a principal company and an agency provider. The document is particularly relevant when specific, measurable performance standards are critical to the service delivery. It incorporates requirements from German commercial law, including the BGB and HGB, while addressing modern business needs such as GDPR compliance and digital service delivery. The agreement is structured to provide clear performance metrics, reporting requirements, and remedies for service failures, making it suitable for long-term agency relationships where service quality and consistency are paramount. This template should be used when there's a need to establish transparent, measurable service standards in an agency relationship, particularly in professional services, marketing, IT, or consulting engagements.
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1. Parties: Identification and details of the principal and the agency
2. Background: Context of the agreement and general business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the agency
5. Service Level Requirements: Specific performance metrics, KPIs, and minimum service levels
6. Monitoring and Reporting: Procedures for measuring and reporting service performance
7. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures
8. Term and Termination: Duration of agreement and termination provisions
9. Data Protection and Confidentiality: GDPR compliance and confidentiality obligations
10. Liability and Indemnification: Allocation of risks and liability limits
11. Governing Law and Jurisdiction: Application of German law and dispute resolution procedures
1. Insurance Requirements: Specific insurance coverage requirements, used when services involve significant risks
2. Intellectual Property Rights: IP ownership and licensing provisions, needed when creative or technical works are involved
3. Change Management: Procedures for modifying services or requirements, important for complex service relationships
4. Business Continuity: Disaster recovery and business continuity requirements, crucial for critical services
5. Subcontracting: Rules regarding use of subcontractors, relevant when agency may delegate work
6. Non-Competition: Restrictions on competitive activities, used in sensitive market situations
7. Staff and Training: Requirements for personnel qualifications and training, important for specialized services
1. Service Specifications: Detailed technical specifications of services to be provided
2. Service Level Metrics: Specific KPIs, measurement methods, and reporting templates
3. Fee Schedule: Detailed pricing structure, rates, and payment calculations
4. Escalation Matrix: Contact details and procedures for issue escalation
5. RACI Matrix: Responsibility assignment matrix for key activities and decisions
6. Data Processing Agreement: GDPR-compliant data processing terms and procedures
7. Technical Requirements: Systems, tools, and technical standards to be used
8. Change Request Template: Standard form for requesting and documenting changes to services
Relevant legal definitions
Clauses
Relevant Industries
Marketing and Advertising
IT Services
Business Process Outsourcing
Management Consulting
Digital Services
Professional Services
Customer Service
Sales and Distribution
Technology Solutions
Creative Services
Relevant Teams
Legal
Procurement
Operations
Compliance
Commercial
Service Delivery
Account Management
Quality Assurance
Business Development
Project Management
Relevant Roles
Legal Counsel
Procurement Manager
Service Delivery Manager
Account Executive
Operations Director
Compliance Officer
Contract Manager
Business Development Manager
Agency Director
Project Manager
Quality Assurance Manager
Commercial Director
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