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The Service Fee Agreement (Dienstleistungsvertrag) is a fundamental document in German business practice, used to formalize arrangements where one party provides specific services to another for agreed compensation. This document is essential when establishing professional service relationships, whether for ongoing services or project-based work, and must comply with German Civil Code (BGB) requirements, particularly §§ 611-630 regarding service contracts. It's commonly used in business-to-business relationships and with freelancers, covering crucial aspects such as scope of services, payment terms, liability, and termination rights. The agreement needs to address German-specific legal requirements, including VAT regulations, data protection laws if applicable, and statutory notice periods.

1. Parties: Identification and details of the service provider and service recipient, including their legal form and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided, including any specific requirements or standards

5. Service Provider's Obligations: Key responsibilities and commitments of the service provider

6. Client's Obligations: Key responsibilities and commitments of the client, including cooperation duties

7. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and VAT provisions

8. Term and Termination: Duration of the agreement and conditions for termination

9. Intellectual Property Rights: Ownership and usage rights of any intellectual property created or used during service provision

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Liability and Indemnification: Limitation of liability and indemnification provisions in accordance with German law

12. Force Majeure: Provisions for unforeseen circumstances preventing performance

13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

14. Miscellaneous: Standard provisions including severability, entire agreement, and amendments