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Service Engagement Agreement
"I need a Service Engagement Agreement for my IT consulting company based in Lagos to provide cybersecurity services to a multinational bank, with specific emphasis on data protection compliance and service level requirements for 24/7 system monitoring."
1. Parties: Identifies and provides full details of the contracting parties, including registration numbers for companies
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Services: Detailed description of the services to be provided, including any deliverables
5. Term and Commencement: Specifies the duration of the agreement and when it becomes effective
6. Service Provider's Obligations: Details the responsibilities and commitments of the service provider
7. Client's Obligations: Outlines the responsibilities and commitments of the client
8. Fees and Payment Terms: Specifies the fees, payment schedule, and payment methods
9. Intellectual Property Rights: Addresses ownership and usage rights of any IP created or used during service provision
10. Confidentiality: Defines confidential information and establishes protection obligations
11. Data Protection: Ensures compliance with Nigerian Data Protection Regulation 2019
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. Termination: Specifies circumstances and procedures for ending the agreement
14. Force Majeure: Addresses unforeseeable circumstances preventing performance
15. Dispute Resolution: Establishes procedures for resolving disputes
16. Governing Law: Specifies Nigerian law as governing law and jurisdiction
17. General Provisions: Includes standard boilerplate clauses like notices, assignment, and entire agreement
1. Service Levels: Include when specific performance metrics and standards need to be maintained
2. Compliance with Anti-Corruption Laws: Include for high-value contracts or when dealing with government entities
3. Insurance: Include when specific insurance coverage is required for the services
4. Non-Competition: Include when there's a need to restrict the service provider from competing
5. Non-Solicitation: Include when there's a need to prevent poaching of staff or clients
6. Change Control: Include for complex services where scope changes are likely
7. Security Requirements: Include when services involve sensitive information or systems access
8. Business Continuity: Include for critical services requiring disaster recovery planning
9. Environmental Compliance: Include when services have environmental impacts
10. Local Content Requirements: Include when Nigerian local content laws apply to the services
1. Schedule 1 - Service Description: Detailed specification of services and deliverables
2. Schedule 2 - Fees and Payment Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide the services
5. Schedule 5 - Client Materials and Equipment: List of items provided by client for service delivery
6. Schedule 6 - Data Processing Requirements: Specific data handling and protection requirements
7. Appendix A - Form of Change Order: Template for documenting agreed changes to services
8. Appendix B - Compliance Certificates: Required regulatory or compliance certifications
9. Appendix C - Required Insurance Coverage: Specific insurance types and coverage levels required
Authors
Information Technology
Professional Services
Consulting
Healthcare
Education
Financial Services
Oil and Gas
Manufacturing
Construction
Telecommunications
Real Estate
Logistics and Transportation
Agriculture
Energy
Mining
Retail
Hospitality
Environmental Services
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Human Resources
Commercial
Business Development
Project Management
Contract Management
Service Delivery
Account Management
Vendor Management
Chief Executive Officer
Managing Director
Operations Manager
Procurement Manager
Contract Manager
Legal Counsel
Finance Director
Project Manager
Business Development Manager
Compliance Officer
Risk Manager
Human Resources Director
Chief Financial Officer
Service Delivery Manager
Account Manager
Commercial Director
Department Head
General Counsel
Chief Operating Officer
Vendor Manager
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