The Client Agreement Form is a fundamental legal document used to establish and regulate the professional relationship between service providers and their clients under German law. This document is essential when initiating new client relationships or formalizing existing ones, particularly in professional services, consulting, or ongoing business relationships. It encompasses critical elements required by German legislation, including detailed service descriptions, payment terms, liability provisions, and GDPR-compliant data protection measures. The agreement is structured to comply with the German Civil Code (BGB) and relevant EU regulations, making it suitable for both business-to-business and business-to-consumer relationships. It serves as a comprehensive framework that protects both parties' interests while ensuring legal compliance and operational clarity.
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1. Parties: Identification and details of the contracting parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including specific deliverables and performance standards
5. Fees and Payment Terms: Pricing structure, payment schedule, invoicing procedures, and late payment consequences
6. Duration and Termination: Contract term, renewal provisions, and termination conditions including notice periods
7. Obligations of the Service Provider: Detailed responsibilities and commitments of the service provider
8. Client Responsibilities: Client's obligations and requirements for cooperation
9. Data Protection and Confidentiality: GDPR-compliant data protection provisions and confidentiality obligations
10. Liability and Limitation: Scope of liability, limitation of liability, and indemnification provisions in accordance with German law
11. Force Majeure: Provisions for unforeseen circumstances preventing contract fulfillment
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
13. Entire Agreement: Integration clause confirming the agreement represents the complete understanding between parties
1. Service Level Agreement (SLA): Detailed performance metrics and service levels, recommended for technical or ongoing services
2. Intellectual Property Rights: IP ownership and licensing terms, necessary when services involve creation or use of intellectual property
3. Insurance: Insurance requirements and coverage details, important for high-risk services
4. Compliance with Laws: Specific regulatory compliance requirements, relevant for regulated industries
5. Subcontracting: Terms for engaging subcontractors, if applicable to the service delivery model
6. Assignment: Rights and restrictions regarding contract assignment, important for larger businesses
7. Notice Provisions: Detailed communication procedures, important for complex service relationships
8. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value contracts
1. Schedule 1 - Service Specification: Detailed technical or operational specifications of services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
5. Schedule 5 - Contact Details: Key contact persons and communication protocols
6. Appendix A - Security Requirements: IT and data security requirements and protocols
7. Appendix B - Change Request Process: Procedures for requesting and implementing service changes
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