Service Provider Agreement

Service Provider Agreement Template for Denmark

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Document background

The Service Provider Agreement serves as a foundational document for businesses engaging external service providers in Denmark. This agreement is essential when establishing a formal relationship for the provision of professional services, ensuring clarity in responsibilities, deliverables, and commercial terms. The document complies with Danish law and EU regulations, particularly regarding data protection (GDPR), contract formation, and commercial practices. It is designed to protect both parties' interests while facilitating efficient service delivery and clear performance standards. The agreement is particularly relevant in today's business environment where companies increasingly rely on specialized external service providers for various business functions, from IT services to consulting.

Suggested Sections

1. Parties: Identification of the service provider and the client, including full legal names, registration numbers, and addresses

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

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

4. Services: Detailed description of the services to be provided, including scope, deliverables, and service levels

5. Duration and Commencement: Term of the agreement, including start date and initial period

6. Payment Terms: Fees, payment schedule, invoicing procedures, and late payment consequences

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Data Protection: GDPR compliance provisions and data processing obligations

10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Termination: Grounds for termination, notice periods, and consequences of termination

15. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

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

Optional Sections

1. Service Levels: Detailed service level agreements (SLAs) and performance metrics - include when specific performance standards are required

2. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries or services

3. Insurance: Insurance requirements and coverage levels - include for high-risk services or when required by industry standards

4. Personnel: Requirements for service provider's personnel, including qualifications and security clearance - include when services are personnel-dependent

5. Audit Rights: Client's rights to audit service provider's operations - include for regulated industries or critical services

6. Business Continuity: Business continuity and disaster recovery requirements - include for critical services

7. Change Control: Procedures for changing service scope or terms - include for long-term or complex services

8. Non-Competition: Restrictions on competitive activities - include when sharing sensitive market information

9. Transition Services: Requirements for service transition at termination - include for complex or critical services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and scope of services

2. Schedule 2 - Service Levels: Detailed SLAs, KPIs, and performance measurement criteria

3. Schedule 3 - Pricing and Payment: Detailed fee structure, rates, and payment terms

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

5. Schedule 5 - Contact Details: Key contacts and escalation procedures

6. Schedule 6 - Required Insurance: Specified insurance types and coverage levels

7. Appendix A - Service Provider Policies: Relevant service provider policies applicable to the services

8. Appendix B - Change Request Form: Template for requesting and documenting changes to services

9. Appendix C - Report Templates: Templates for required service reports and documentation

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