The Customer Service Agreement is a vital legal document used to formalize the relationship between service providers and their customers in Germany. It serves as the primary contract governing the delivery of customer services, whether in B2B or B2C contexts. This agreement must comply with German legal requirements, including the Civil Code (BGB), particularly sections on service contracts (Dienstvertragsrecht), standard terms regulations (AGB-Recht), and data protection laws (GDPR/DSGVO). The document is essential for businesses operating in Germany that provide customer support, maintenance, help desk services, or other customer-facing services. It includes comprehensive terms covering service scope, performance standards, data protection, liability, and dispute resolution, while ensuring fair terms for consumers as required under German law.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and general purpose of the services
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Key responsibilities and commitments of the customer
7. Fees and Payment Terms: Pricing, payment schedule, and related financial terms
8. Term and Termination: Duration of agreement and termination provisions
9. Data Protection and Privacy: GDPR/DSGVO compliance and data handling procedures
10. Confidentiality: Protection of confidential information
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Force Majeure: Provisions for unforeseen circumstances and force majeure events
13. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Service Levels: Detailed service level agreements (SLAs) - include when specific performance metrics are required
2. Intellectual Property Rights: IP ownership and licensing - include when services involve creation or use of intellectual property
3. Insurance: Insurance requirements - include for high-risk or regulated services
4. Subcontracting: Terms for engaging subcontractors - include when subcontracting is anticipated
5. Change Management: Procedures for changing service scope or terms - include for complex or long-term services
6. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
7. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries
8. Training and Support: Details of training and support services - include when relevant to service delivery
1. Schedule 1 - Service Description: Detailed technical specifications of services
2. Schedule 2 - Service Levels and KPIs: Specific performance metrics and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and rate cards
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Technical Requirements: Technical specifications and requirements
7. Appendix B - Security Requirements: Information security requirements and procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Telecommunications
Financial Services
E-commerce
Healthcare
Professional Services
Manufacturing
Software and IT
Hospitality
Transportation
Utilities
Relevant Teams
Legal
Customer Service
Operations
Compliance
Data Protection
Sales
Account Management
Risk Management
Customer Experience
Service Delivery
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Customer Service Manager
Contracts Manager
Chief Operating Officer
Head of Customer Support
Compliance Officer
Data Protection Officer
Business Development Manager
Account Manager
Operations Director
Risk Manager
Customer Experience Director
Service Delivery Manager
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