Legal Guide

Know How to Enforce Service Agreement Contract

by Bhavya Choudhary · 4 min read

service contract agreement

Introduction 

To form an official relationship and provide services, a service contract agreement is required that sets rules and regulations for both parties and sets the law enforcement necessary to run a company or provider smoothly and efficiently. 

What is the meaning of a Service Contract Agreement?

It is a legally binding written agreement between the service giver/provider and a client. The document made between the two parties is legally enforceable and is also known as a general service agreement.

This is made for the protection of both parties involved with terms and conditions that safeguard their interests.

The service contract agreement highlights their supplier’s services and also the delivery and pay of the given project. The contract may also contain steps that will be taken if there is a breach of contract.

Contents that make the Service Contract Agreement Legally Enforceable

  • Proposal and acceptance: The service contract agreement must contain one party’s offer and another party’s affirmation. The parties shall mutually agree to any corrections or added clauses. They are aware that the terms and conditions make it legally binding, and it cannot be made if the parties are not involved or interested. 
  • Decision and mutual consent: The service contract agreement is made with mutual decision and consent, and there should not be undue influence or coercion involved in the process. 
  • Considerations: The basic consideration regarding such contracts or agreements is monetary gain. Other than money, it can be items or services that are delivered and received. 
  • Competence to enter into a contract: No minor or people of unsound mind can enter into a contract with anyone. Incompetence results in void contracts. Both parties should be able to comprehend the terms and conditions before signing the service agreement. 
  • Purpose: The parties need to be legally protected and should base it on secure activities. Any highly plausible term can be changed by consent in the service contract agreement. 

When is a Service Contract Agreement needed?

It is necessary when a company avails service from another company or individual. 

The same goes for the individual providing service to an organization or company. They conduct services for companies, and a regulatory standard is needed that is set by a service agreement contract.

  • It can be made for one-time services or long-term service contract agreements.  
  • A service contract agreement must be signed by both parties before any delivery or service starts.
  • The terms and conditions, rules and regulations, expectations, and code of conduct must be present clearly in the service contract agreement so that both parties can understand what they are going through or take legal advice before signing it.
  • It must be kept in mind that the service contract agreement is made to be beneficial for both parties so they can amend any terms as per need.

Components in a standard Service Contract Agreement 

There are some basic terms and conditions that should be present in a service contract agreement to make it valid and legal.

The components are as follows:

  • Duration of the contract: The contract duration should be specifically mentioned in the agreement. It can be customized later as per requirement and request. 
  • Duties and responsibilities: This will highlight their responsibilities and other obligations that might be needed in the company. This contains the majority of the terms and conduct section. A well-phrased clause mentioning every relevant information is crucial to start the services.
  • Payment: There should be an explicit mention of the cost of the services that are given. The hourly rates, a salary of long-term service, one-time service payment, or other expenses the customer might be responsible for. 
  • Resolution of disputes: The service contract agreement must contain a clause stating the procedure to resolve disputes if, by chance, it occurs. This step can respond to queries and stop complaints that may lead to lawsuits.
  • Intellectual property rights: The company’s intellectual integrity and property are attached to the service contract agreement. There are some prohibited areas and restrictions that should be mentioned and followed accordingly as per law.
  • Indemnity: This clause is Statutory, and one party can compensate the other for any losses or liability if caused by negligence or breach of the service contract agreement. The language used must be correct and clear to understand so that it can be used to simplify the cause and effect. Legal advice is taken when the indemnity clause is hard to decipher.
  • Amendment: Sometimes, periodically updating the service contract agreement might be very helpful to the parties as new and updated prices can be added with the fluctuations in any company records.
  • Termination clause: This clause is very important to add for both parties as it will define how to terminate, when and why, and the legally enforceable process. Any kind of early termination can lead to penalties and damage recovery. 

Scope of Service Contract Agreement

  • It is a kind of clause that represents what services are being received by the company.
  • Work documents or scope of work documents are the names used to define them.
  • The scope of the service contract agreement provides an intimation and detailed description of project development and management for both parties to function without any trouble. 
  • This helps in saving time and effort as it defines the experience and expertise in a detailed way for the other to comprehend. 

Conclusion 

A service contract agreement is a typical process between any two parties who are giving and receiving service. It helps in maintaining harmony and settling disputes. 

The person drafting a service agreement might need to consult a professional lawyer to understand each clause in detail, and the lawyer can help with every step of the process.

Bhavya Choudhary

Written by

Bhavya Choudhary

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