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Service Partner Agreement Template for India

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Key Requirements PROMPT example:

Service Partner Agreement

"I need a Service Partner Agreement under Indian law for appointing an IT services provider in Bangalore who will handle our cloud infrastructure and provide 24/7 technical support, with strict data protection clauses and service level commitments."

Document background
The Service Partner Agreement is a crucial document used to establish formal business relationships between companies and their service partners in India. This agreement is particularly relevant when companies need to engage external partners for specialized services, distribution, or representation in specific markets or sectors. The document, governed by Indian law, includes comprehensive provisions covering service scope, performance metrics, compensation structures, compliance requirements, and risk allocation. A Service Partner Agreement is essential for businesses looking to expand their service delivery capabilities while maintaining quality control and legal compliance. It addresses key aspects such as intellectual property rights, confidentiality, data protection, and dispute resolution mechanisms, all within the framework of Indian commercial law and regulatory requirements.
Suggested Sections

1. Parties: Identifies the contracting parties with their full legal names, addresses, and registration details

2. Background: Provides context for the agreement, including the business purpose and relationship overview

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment and Scope: Establishes the appointment of the service partner and defines the scope of services

5. Term and Renewal: Specifies the initial term of the agreement and conditions for renewal

6. Service Partner Obligations: Details the core responsibilities and commitments of the service partner

7. Company Obligations: Outlines the responsibilities and commitments of the company

8. Payment Terms: Specifies fees, payment schedule, invoicing requirements, and tax considerations

9. Intellectual Property Rights: Addresses ownership and usage rights of IP created or used during service delivery

10. Confidentiality: Defines confidential information and obligations for its protection

11. Data Protection: Establishes data handling requirements and privacy obligations

12. Representations and Warranties: States the guarantees and assurances made by both parties

13. Indemnification: Outlines mutual indemnification obligations and procedures

14. Limitation of Liability: Sets boundaries on parties' liability and identifies excluded losses

15. Termination: Specifies termination grounds, notice requirements, and consequences

16. Post-Termination Obligations: Defines obligations that survive agreement termination

17. Governing Law and Jurisdiction: Specifies applicable law and jurisdiction for dispute resolution

18. General Provisions: Includes standard boilerplate clauses like notices, assignment, and entire agreement

Optional Sections

1. Non-Compete: Restricts service partner from competing activities - include when protecting market position is crucial

2. Insurance: Specifies required insurance coverage - include for high-risk services or regulatory requirements

3. Performance Metrics: Establishes KPIs and performance standards - include when specific performance tracking is needed

4. Compliance with Anti-Corruption Laws: Details anti-corruption obligations - include for international relationships or government contracts

5. Force Majeure: Addresses unforeseeable circumstances - include when service continuity is critical

6. Training and Support: Outlines training obligations - include when service delivery requires specific training

7. Audit Rights: Establishes right to audit partner's operations - include for regulatory compliance or quality control

8. Marketing and Branding: Controls use of company brands - include when partner represents company to customers

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed description of services, deliverables, and technical requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment calculations

3. Schedule 3 - Service Levels: Specific performance metrics, reporting requirements, and remedies

4. Schedule 4 - Territory Definition: Geographical areas or markets covered by the agreement

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Schedule 6 - Data Processing Requirements: Detailed data handling procedures and compliance requirements

7. Schedule 7 - Contact Details: Key contacts and escalation matrix for both parties

8. Schedule 8 - Transition Plan: Process for service initiation and/or termination transition

9. Appendix A - Required Forms: Standard forms for service requests, reports, or other documentation

10. Appendix B - Technical Standards: Technical specifications and standards for service delivery

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

Relevant legal definitions







































Clauses














































Relevant Industries

Information Technology

Business Process Outsourcing

Manufacturing

Professional Services

Healthcare

Telecommunications

Financial Services

E-commerce

Logistics and Supply Chain

Education and Training

Consulting

Real Estate

Retail

Automotive

Relevant Teams

Legal

Procurement

Operations

Business Development

Compliance

Finance

Commercial

Risk Management

Partner Management

Contract Administration

Strategic Planning

Service Delivery

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Legal Counsel

Commercial Director

Procurement Manager

Business Development Manager

Contract Manager

Operations Manager

Partnership Manager

Compliance Officer

Risk Manager

Service Delivery Manager

Account Manager

Strategic Alliance 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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