A Services Agreement is an agreement between two persons and/or entities where one agrees to provide specific service(s) to the other in lieu of defined payment/ fees/ remuneration known as ‘consideration’. A Services Agreement usually follow: when a Client receives a proposal to perform specific services from a Service Provider or when a Client seeks specific services to be performed for him by a Service Provider. Services Agreement once executed defines the scope of services to be performed and/or delivered, among other terms, as part of the obligations under the Services Agreement.
Who is a Service Provider and a Client in Services Agreement?
Service Provider
A person or an entity who has been tasked with to supply and/or to provide specific service(s) under the Services Agreement is known as a Service Provider. Usually, a Service Provider would hold considerable experience and expertise in the specific area of services that he is providing or may provide to the clients. He is expected to be a professional who can deliver the services, as sought, under the Services Agreement.
Client
A Client is either a person or an entity who engages a Service Provide to seek specific service(s) under the Services Agreement and thus is a party to the Agreement. A Client is the party who would make the payment of fees to the Service Provider in lieu of the services sought and received under the Services Agreement.
What does a Services Agreement cover?
A Services Agreement would define the relationship between a Service Provider and a Client, for delivery and / or performance of specific service(s) in terms of the Agreement. Apart from the service(s), the Services Agreement would also define payment of fees by the Client to the Service Provider, rights and liabilities of both the Parties under the Services Agreement as well as consequences, including penalties, for breach of the terms of the Agreement. Parties also have the benefit of defining specific jurisdictions which would govern the disputes as well as the law applicable to determine the formation, performance, interpretation, nullification, termination or invalidation of the terms of the Agreement.
A Services Agreement thus would usually cover the following:
- Information with respect to the Client and Service Provider, including their name, address, passport no., email ID and trade/commercial license (only applicable when either the client or the Service Provider are an entity instead of a person);
- Commencement date of the Agreement as well as the expiry date of the Agreement;
- Amount of fees and schedule of fees to be paid in lieu of the services;
- Defining which service(s) are to be provided under the Agreement;
- Respective rights and liabilities of the parties;
- Penalties for consequences of breach of terms of the Agreement;
- Additional terms such as confidentiality, intellectual property rights, warranties, obligations, etc.
- Applicable law for the Agreement and jurisdiction if in case any dispute arises between the parties.
Our online form provides for a range of customisations that cater to all clients on a case to case basis. We provide our clients with more freedom and control in terms of what their Services Agreement should cover. Please see our different packages to see various options available to the Clients in terms of personal customisation of their Services Agreements.
What Service(s) are covered under a Services Agreement?
A Client and a Service Provider may agree to any service(s) that may be legally permissible under the applicable law. Most popular services that people choose under a Services Agreement are Advertisement, Professional Services (any type), Develop an app/ website, Artwork, including painting, photography, music, dance and videography, Catering, Freelance writing; Interior Designing, Editing, Auditing, Webhosting, Advertising, etc.
However, the parties are free to include one of more service(s) as part of the Agreement, if the same is not illegal or against the law to perform and/ or deliver.
A Services Agreement would generally have specific services as defined by the Client.
