Service Partner Agreement

Service Partner Agreement Template for Denmark

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Document background

The Service Partner Agreement is a crucial document used in Danish business relationships where one entity provides professional services to another on an ongoing basis. This agreement type is specifically designed to comply with Danish legal requirements and business practices, while also incorporating relevant EU regulations. The Service Partner Agreement establishes the framework for service delivery, performance standards, commercial terms, and risk allocation between the parties. It is particularly important in contexts where services are integral to business operations and require clear governance structures. The document typically includes detailed provisions on service scope, quality requirements, payment terms, liability allocation, data protection, and intellectual property rights, all aligned with Danish legal principles and commercial practices.

Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the Service Partner

5. Service Partner Obligations: Key responsibilities and commitments of the Service Partner

6. Company Obligations: Key responsibilities and commitments of the Company

7. Quality Standards: Required service levels and quality requirements

8. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing requirements

9. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Allocation of risks and liability between parties

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms

16. General Provisions: Miscellaneous legal provisions including assignment, severability, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when Service Partner has access to sensitive information or strategic knowledge

2. Non-Solicitation: Restrictions on hiring or soliciting employees/customers, used when protecting customer relationships is crucial

3. Insurance Requirements: Specific insurance coverage requirements, used for high-risk services or regulatory compliance

4. Compliance with Laws: Specific regulatory compliance obligations, used in regulated industries

5. Service Credits: Performance-based credit system, used when specific service levels are crucial

6. Training Requirements: Mandatory training provisions, used when specific certifications or skills are required

7. Subcontracting: Rules for engaging subcontractors, used when subcontracting might be needed

8. Marketing and Branding: Guidelines for using company brands, used when Service Partner represents the company to customers

9. Equipment and Materials: Provisions for supplied equipment or materials, used when physical assets are involved

10. Audit Rights: Right to audit Service Partner's operations, used for quality control or regulatory compliance

Suggested Schedules

1. Schedule A - Service Description: Detailed specifications of services, including scope, deliverables, and technical requirements

2. Schedule B - Service Levels: Specific performance metrics, KPIs, and measurement methods

3. Schedule C - Fee Schedule: Detailed pricing structure, rates, and payment terms

4. Schedule D - Data Processing Agreement: GDPR-compliant data processing terms and requirements

5. Schedule E - Contact Details: Key contacts and escalation procedures for both parties

6. Schedule F - Required Insurance Coverage: Specific insurance types and coverage amounts

7. Schedule G - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Schedule H - Security Requirements: IT security and physical security requirements

9. Schedule I - Reporting Requirements: Templates and specifications for required reports

10. Appendix 1 - Form of Change Order: Template for documenting changes to services or terms

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