[Please note that this is a general summary of our Service Agreements and does not constitute legal advice. As each jurisdiction may be different, you may want to speak to your local lawyer.]
SUMMARY OF SERVICE AGREEMENT TEMPLATES:
Members are often confused about which document to use for the provision of services. The following table is a quick reference guide:
Documents | When to Use |
Terms and Conditions of Service | Cover websites and situations where one-off services are provided. Usually not negotiated or signed – deemed acceptance by using the service. |
Service Agreement – Long Term | Regular, continuous or long-term supply of services. Both parties intend for the services to continue indefinitely and thus require more detailed terms. |
Service Agreement – Small Work | A Contractor performing a small piece of work for Customers that requires workmanship for a fixed price. Suitable for renovation or other handy work. |
Service Agreement – Consulting Work | A Consultant performing professional services with specific deliverables for Customers per a professional charge-out rate. |
Service Agreement – IT Work | An IT Company performing service (i) with specific deliverables or (ii) longer-term technical support for Customers. |
Contracting Agreement | General Agreement between Company and a Contractor in respect of certain services to be provided by the Contractor to the Company |
Liability
The "liability" provisions must be carefully considered. In many jurisdictions, the statutes will generally imply (unless excluded) a term that the supplier will carry out the service with reasonable care and skill. Exclusion clauses are possible but will usually be subject to the limitations of the local unfair contract terms legislation. The supplier of services may wish to limit their liability to the number of fees received for the services.
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