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Fixed Fee Agreement Template for Germany

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Key Requirements PROMPT example:

Fixed Fee Agreement

"I need a Fixed Fee Agreement for software development services to be provided to my German tech startup, with a project completion date of March 15, 2025, including specific provisions for source code ownership and acceptance testing procedures."

Document background
This Fixed Fee Agreement template is designed for use under German law when parties wish to establish a clear, predetermined payment structure for specific services or deliverables. It is particularly suitable for situations where the scope of work can be well-defined in advance and both parties prefer cost certainty over variable pricing models. The document incorporates essential elements required under German law, including detailed service specifications, acceptance procedures, and payment terms in compliance with the German Civil Code (BGB). It is commonly used in professional services, consulting, IT projects, and other sectors where discrete deliverables can be clearly specified. The agreement provides comprehensive coverage of key commercial and legal terms while maintaining flexibility to accommodate specific project requirements and risk allocations.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and general purpose

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided

5. Fixed Fee and Payment Terms: Specification of the fixed fee amount, payment schedule, and invoicing requirements

6. Timeline and Deliverables: Specific milestones, delivery dates, and acceptance criteria

7. Obligations of Service Provider: Key responsibilities and commitments of the service provider

8. Client Responsibilities: Obligations and required contributions from the client

9. Acceptance Procedure: Process for reviewing and accepting deliverables

10. Term and Termination: Duration of agreement and termination provisions

11. Warranty: Warranties regarding service quality and performance

12. Liability and Limitation: Scope of liability and any limitations under German law

13. Confidentiality: Protection of confidential information

14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

15. Final Provisions: Severability clause, entire agreement, and amendment provisions

Optional Sections

1. Intellectual Property Rights: Include when services involve creation of intellectual property or use of existing IP

2. Data Protection: Required when personal data processing is involved (GDPR compliance)

3. Force Majeure: Include for longer-term agreements or where external factors could significantly impact delivery

4. Non-Solicitation: Add when protecting against hiring of key personnel is important

5. Insurance: Include when specific insurance coverage is required

6. Change Management: Add for complex projects where scope changes might be needed

7. Subcontracting: Include if subcontractors might be used in service delivery

8. Compliance with Laws: Add when specific regulatory compliance is crucial

9. Audit Rights: Include for services where quality control or financial auditing might be needed

Suggested Schedules

1. Schedule 1 - Service Specification: Detailed technical or operational specifications of services

2. Schedule 2 - Payment Schedule: Breakdown of the fixed fee into installments and payment milestones

3. Schedule 3 - Timeline and Deliverables: Detailed project timeline with specific deliverable dates

4. Schedule 4 - Acceptance Criteria: Specific criteria for accepting deliverables

5. Schedule 5 - Key Personnel: List of key team members and their roles

6. Schedule 6 - Service Levels: Performance metrics and quality standards

7. Appendix A - Technical Requirements: Technical specifications or requirements

8. Appendix B - Form of Acceptance Certificate: Template for formal acceptance of deliverables

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Information Technology

Consulting

Professional Services

Construction

Engineering

Creative Industries

Marketing

Software Development

Business Services

Manufacturing

Architecture

Project Management

Research and Development

Education and Training

Digital Services

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Business Development

Sales

Project Management

Risk Management

Compliance

Contract Administration

Account Management

Relevant Roles

Contract Manager

Legal Counsel

Project Manager

Business Development Manager

Commercial Director

Procurement Manager

Operations Manager

Finance Director

CEO

Managing Director

Sales Manager

Account Executive

Consultant

Department Head

General Counsel

Chief Financial Officer

Program Manager

Risk Manager

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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