The General Service Agreement is a fundamental legal instrument used in the Philippine business environment to formalize service relationships between providers and clients. This document is essential when engaging external service providers, consultants, or contractors for various business purposes. It complies with Philippine law, including the Civil Code, Labor Code, and relevant regulatory requirements. The agreement typically covers service scope, duration, payment terms, performance standards, intellectual property rights, confidentiality, and liability provisions. It's designed to protect both parties' interests while ensuring clarity in their business relationship and compliance with local regulations. This template is particularly valuable for businesses operating in the Philippines who need to establish clear, legally-compliant service relationships with their providers.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Term and Commencement: Duration of the agreement and start date
6. Payment Terms: Fees, payment schedule, invoicing, and payment methods
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Client Obligations: Key responsibilities and commitments of the client
9. Performance Standards: Expected quality levels and performance metrics
10. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with Philippine Data Privacy Act and data handling procedures
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Termination: Grounds and procedures for ending the agreement
15. Force Majeure: Provisions for unforeseeable circumstances preventing performance
16. Governing Law and Jurisdiction: Specification of Philippine law and dispute resolution procedures
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Insurance: Required when services involve significant risks or regulatory requirements for insurance coverage
2. Warranties: Specific guarantees about service quality, needed for technical or professional services
3. Service Credits: Include when implementing performance-based penalties or incentives
4. Transition Services: Required when complex service handover is needed at termination
5. Compliance with Laws: Detailed section needed when services are heavily regulated
6. Anti-Corruption: Required when dealing with government entities or high-risk industries
7. Business Continuity: Important for critical services or long-term arrangements
8. Subcontracting: Include when service provider may need to engage subcontractors
1. Schedule of Services: Detailed breakdown of services, deliverables, and specifications
2. Schedule of Fees: Detailed pricing structure, rates, and payment terms
3. Service Levels: Specific performance metrics, measurement methods, and reporting requirements
4. Key Personnel: List of key staff assigned to provide the services
5. Technical Requirements: Technical specifications or standards that must be met
6. Data Processing Agreement: Detailed terms for handling personal data under Philippine Data Privacy Act
7. Change Control Procedure: Process for managing changes to services or terms
8. Contact Details: List of authorized representatives and contact information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Construction
Business Process Outsourcing
Healthcare
Education
Manufacturing
Retail
Financial Services
Telecommunications
Consulting
Facilities Management
Marketing and Advertising
Research and Development
Transportation and Logistics
Relevant Teams
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Commercial
Human Resources
Business Development
Vendor Management
Project Management
Administration
Relevant Roles
Legal Counsel
Procurement Manager
Contract Administrator
Business Development Manager
Operations Director
Project Manager
Compliance Officer
Risk Manager
Chief Financial Officer
Chief Operating Officer
Vendor Management Specialist
Human Resources Director
Department Head
General Manager
Commercial Director
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