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Transfer Of Service Agreement

Transfer Of Service Agreement Template for Ireland

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Key Requirements PROMPT example:

Transfer Of Service Agreement

"I need a Transfer of Service Agreement for transferring our IT support services from Acme Technologies to Global IT Solutions, with approximately 50 employees transferring under TUPE regulations, to be completed by March 2025."

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Document background
The Transfer of Service Agreement is a crucial document used when transitioning services from one provider to another in Ireland. It is particularly relevant in scenarios involving outsourcing changes, business restructuring, or service provider switches. The agreement must comply with Irish law and EU regulations, including the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 and GDPR. This document typically includes detailed provisions for employee transfers, data protection, asset transfers, and transition arrangements. The Transfer of Service Agreement serves as the primary legal framework ensuring a smooth and compliant transfer while protecting the interests of all parties involved. It is especially important in regulated industries where service continuity and compliance are paramount.
Suggested Sections

1. Parties: Identification of the transferor and transferee, including registered addresses and company details

2. Background: Context of the service transfer, including the current service arrangement and reason for transfer

3. Definitions: Key terms used throughout the agreement

4. Scope of Transfer: Detailed description of services being transferred and transfer process

5. Effective Date and Timeline: Transfer date and key milestone dates for the transition

6. Transfer of Employees: TUPE provisions, employee information, and consultation requirements

7. Data Protection and Confidentiality: GDPR compliance, data handling procedures, and confidentiality obligations

8. Transfer of Assets: Details of any physical or digital assets being transferred

9. Transition Services: Support services provided by transferor during transition period

10. Warranties and Representations: Standard and specific warranties from both parties

11. Liabilities and Indemnities: Allocation of risks and responsibilities

12. Payment Terms: Financial arrangements, including any transfer fees or adjustments

13. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction

Optional Sections

1. Intellectual Property Rights: Required if IP transfer or licensing is part of the service transfer

2. Regulatory Compliance: Needed for regulated industries such as financial services or healthcare

3. Third Party Contracts: Include if service transfer involves assignment or novation of third-party contracts

4. Business Continuity: Required for critical services or regulated sectors

5. Environmental Obligations: Necessary if transfer involves environmental responsibilities or risks

6. Insurance: Include if specific insurance arrangements need to be maintained or transferred

7. Competition Compliance: Required if transfer raises competition law considerations

8. Tax Provisions: Include detailed tax provisions if transfer has significant tax implications

Suggested Schedules

1. Schedule 1 - Transferred Services: Detailed specification of services being transferred

2. Schedule 2 - Transferring Employees: List of employees and their key employment terms

3. Schedule 3 - Assets Register: Inventory of physical and digital assets included in transfer

4. Schedule 4 - Transition Plan: Detailed timeline and responsibilities for service transition

5. Schedule 5 - Data Processing Requirements: GDPR-compliant data processing terms and requirements

6. Schedule 6 - Transferred Contracts: List of third-party contracts being transferred

7. Schedule 7 - Service Levels: Performance standards for services during and after transition

8. Appendix A - Required Consents: List of regulatory and third-party consents needed

9. Appendix B - Due Diligence Reports: Summary of due diligence findings and open items

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses








































Relevant Industries

Information Technology

Business Process Outsourcing

Financial Services

Healthcare

Telecommunications

Facilities Management

Professional Services

Manufacturing

Logistics and Supply Chain

Real Estate Services

Human Resources Services

Customer Service Operations

Relevant Teams

Legal

Operations

Human Resources

Procurement

Compliance

Risk Management

Finance

Information Technology

Project Management

Service Delivery

Commercial

Data Protection

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Head of Legal

Commercial Director

Operations Director

Procurement Manager

Human Resources Director

Data Protection Officer

Compliance Manager

Project Manager

Service Delivery Manager

Contract Manager

Transition Manager

Risk Manager

Business Unit Director

General Counsel

Chief Financial Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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