The contract may also authorize the customer to request additional services at any time. In this case, it can be established that in the absence of a specific agreement between the parties regarding these additional services, the additional services are provided and billed in accordance with the general terms of sale of the claimant in force at the time of their service. Parties should pay particular attention to the duration. Under French law, a no-term agreement is deemed to have been concluded for an indeterminate period. It may therefore be terminated at any time by any party, subject to reasonable notice. In addition to the duration of the agreement, the agreement should also provide for the right of any party to terminate the contract in the event of violation of its obligations by the other party of law and without any judicial formality. Under French law, in the absence of specific provisions allowing a party to terminate an agreement, such a contract can only be terminated by court order. The following assurances and guarantees can be given by the provider to the customer, among other things: what provisions should contain a service provision agreement? The agreement should also specify which clauses (such as confidentiality obligations, insurance and guarantees, etc.) must survive their termination. Such clauses should also have a duration, since under French law a non-fixed term obligation is considered indeterminate and can therefore be terminated at any time, with reasonable notice. A confidentiality clause may impose confidentiality obligations on the service provider or both parties.

The following information is, in principle, excluded from the scope of these confidentiality obligations: the service provider may, on the other hand, require the adjudicating entity to cooperate and provide in a timely manner all the information that may be necessary for the service provider to carry out its obligations. With regard to payment conditions, the provisions of Article L. 441-6 of the French Code of Commerce (“Code of Commerce”) must be respected. In accordance with this article, and unless otherwise agreed between the parties, payment for the services provided should be made within thirty days of the date on which they were provided. In addition, parties are not allowed to agree on 35-day payment terms at the end of the month or 60 days after the billing date. Failure to comply with the provisions of Article L. 441-6 is punishable by a fine of up to 15,000 euros. The services that the service provider should provide to the client can be described by referring to an exposure. The extent, extent and nature must be clearly defined. To survive the termination of the contract, a confidentiality clause should provide that it applies for a specified period after the termination or expiry of the contract.

When developing and negotiating these clauses, special attention should be paid to the difference between “commitments to achieve a certain outcome” (e.g. B, the obligation to meet a specified budget or deadline) and “commitments that are best efforts” (such as the obligation to make the best efforts to meet the budget or deadline). While the violation of a duty to obtain a result given by one party entitles the other party to claim damages for breach, such harm may be more difficult to obtain if the undertaking was one of the best efforts.

Service Agreement In French

  • April 12th, 2021
  • Posted in Uncategorized

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