The Administrative Services Agreement is essential for organizations operating in India that seek to formalize arrangements for outsourced administrative functions or shared services. This document is commonly used when a company wants to delegate its administrative operations to a specialized service provider or establish a structured relationship with a shared services center. It comprehensively covers service specifications, performance metrics, compliance with Indian regulations, and risk allocation between parties. The agreement is particularly relevant in the current business environment where companies increasingly focus on core competencies while outsourcing administrative functions. It addresses key aspects such as service levels, data protection, confidentiality, and dispute resolution mechanisms, all within the framework of Indian law and business practices.
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1. Parties: Identifies and provides details of the service provider and recipient, including registered addresses and company registration numbers
2. Background: Sets out the context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Scope of Services: Detailed description of administrative services to be provided under the agreement
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Key responsibilities and commitments of the client
8. Fees and Payment Terms: Service fees, payment schedule, invoicing, and payment methods
9. Performance Standards: Service levels, quality standards, and performance metrics
10. Confidentiality: Obligations regarding confidential information protection
11. Data Protection and Privacy: Obligations for handling personal and business data
12. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
13. Liability and Indemnification: Limits of liability and indemnification obligations
14. Termination: Grounds and process for agreement termination
15. Post-Termination Obligations: Obligations of parties after agreement termination
16. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes
17. Dispute Resolution: Process for resolving disputes between parties
18. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Force Majeure: Include when parties want specific provisions for unforeseen circumstances preventing performance
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Non-Compete: Include when there's a need to restrict the service provider from providing similar services to competitors
4. Assignment and Subcontracting: Include when there's a need to specifically address the ability to transfer rights or subcontract obligations
5. Compliance with Anti-Corruption Laws: Include when services involve government interaction or high-risk activities
6. Business Continuity: Include when service continuity is critical to the client's operations
7. Change Control: Include when the scope of services is likely to evolve over time
8. Staff and Personnel: Include when specific requirements for service provider's staff need to be detailed
9. Audit Rights: Include when client requires rights to audit service provider's operations
1. Schedule 1 - Service Specifications: Detailed description of each administrative service to be provided
2. Schedule 2 - Service Levels and KPIs: Specific performance metrics and service level requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
4. Schedule 4 - Authorized Representatives: List of key contacts and authorized representatives from both parties
5. Schedule 5 - Required Reports: Format and frequency of reports to be provided
6. Appendix A - Standard Operating Procedures: Detailed procedures for carrying out specific administrative tasks
7. Appendix B - Compliance Requirements: Specific regulatory and compliance requirements applicable to the services
8. Appendix C - Data Processing Requirements: Specific requirements for handling and processing data
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