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Project Service Agreement Template for Germany

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Key Requirements PROMPT example:

Project Service Agreement

"I need a Project Service Agreement for engaging a German IT service provider to develop and implement a new cloud-based CRM system for our European offices, starting March 2025, with specific emphasis on GDPR compliance and software licensing terms."

Document background
The Project Service Agreement is a specialized contract used when a service provider agrees to deliver specific project-based services to a client under German law. It combines elements of both service contracts (Dienstvertrag) and works contracts (Werkvertrag) under the German Civil Code (BGB), making it suitable for complex project deliveries where both ongoing services and specific deliverables are involved. This agreement is particularly important for projects requiring detailed scope definition, milestone-based delivery, and clear acceptance criteria. It includes comprehensive provisions for project governance, risk allocation, and quality assurance, while ensuring compliance with German legal requirements regarding service provision, warranty obligations, and liability limitations. The document is structured to address both the service delivery aspects and the project management framework, making it suitable for various industries where professional services are delivered on a project basis.
Suggested Sections

1. Parties: Identification of contracting parties including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the project and parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Scope of Services: Detailed description of services to be provided, including deliverables and objectives

5. Project Management: Project governance structure, reporting lines, and communication procedures

6. Timeline and Milestones: Project schedule, key milestones, and delivery dates

7. Acceptance Procedures: Process for deliverable submission, review, and acceptance

8. Fees and Payment Terms: Pricing structure, payment schedule, invoicing, and payment terms

9. Service Provider's Obligations: Key obligations, warranties, and responsibilities of the service provider

10. Client's Obligations: Key obligations and responsibilities of the client

11. Change Management: Procedures for requesting and implementing changes to scope or specifications

12. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP

13. Confidentiality: Protection and handling of confidential information

14. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

15. Term and Termination: Duration of agreement, termination rights, and consequences of termination

16. Force Majeure: Handling of events beyond parties' reasonable control

17. Governing Law and Jurisdiction: Applicable law (German) and jurisdiction for dispute resolution

18. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

Optional Sections

1. Data Protection: Required when personal data processing is involved, addressing GDPR compliance

2. Compliance with Laws: Specific section needed when project involves regulated industries or specific compliance requirements

3. Security Requirements: Required when project involves IT systems, data security, or physical security measures

4. Personnel Requirements: Used when specific qualifications, security clearances, or key personnel are critical

5. Business Continuity: Required for critical services or long-term projects

6. Export Control: Needed when services involve international data or technology transfer

7. Audit Rights: Important for regulated industries or when client requires specific audit capabilities

8. Environmental Requirements: Required when project has environmental impact or sustainability requirements

9. Social Security Compliance: Required when using contractors or when employment status might be questioned

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and service requirements

2. Schedule 2 - Service Levels: Performance metrics, KPIs, and service level requirements

3. Schedule 3 - Charges and Payment: Detailed pricing, rate cards, expenses, and payment mechanisms

4. Schedule 4 - Project Plan: Detailed project timeline, resources, and delivery schedule

5. Schedule 5 - Governance Procedures: Detailed procedures for project management and escalation

6. Schedule 6 - Required Personnel: Key personnel, roles, qualifications, and replacement procedures

7. Schedule 7 - Security Policies: Detailed security requirements and procedures

8. Schedule 8 - Form of Change Order: Template and procedures for change requests

9. Appendix A - Technical Requirements: Detailed technical specifications and requirements

10. Appendix B - Testing and Acceptance Criteria: Detailed acceptance testing procedures and criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























































Clauses








































Relevant Industries

Information Technology

Management Consulting

Engineering

Construction

Professional Services

Software Development

Manufacturing

Energy

Healthcare

Telecommunications

Environmental Services

Research and Development

Digital Transformation

Infrastructure

Financial Services

Relevant Teams

Legal

Procurement

Project Management Office

Operations

Commercial

Risk and Compliance

Business Development

Finance

Technical Services

Professional Services

Vendor Management

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Procurement Manager

Business Development Manager

Operations Director

Commercial Manager

Technical Director

Chief Technology Officer

Risk Manager

Compliance Officer

Account Executive

Service Delivery Manager

Program Manager

Chief Financial Officer

Head of Operations

General Counsel

VP of Professional Services

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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