Free Service Agreement

Free Service Agreement

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Service Agreement

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A General Service Agreement may be used for work that is on a fixed term or fixed project basis.


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GENERAL SERVICE AGREEMENT

THIS GENERAL SERVICE AGREEMENT (the "Agreement") dated this 27th day of June, 2017

BETWEEN:

______________________ of ______________________________, _________________________, __________, __________
(the "Client")

- AND -

______________________ of ______________________________, _________________________, __________, __________
(the "Contractor").

BACKGROUND:

  1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide  services to the Client.
  2. The Contractor is agreeable to providing such  services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  1. Services Provided
  2. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
    • _______________________________________________________________
      _______________________________________________________________.
  3. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
  4. Term of Agreement.
  5. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
  6. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  7. Performance
  8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  9. Currency
  10. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
  11. Payment
  12. The Contractor will charge the Client a flat fee of £0.00 for the Services (the "Payment").
  13. The Client will be invoiced when the Services are complete.
  14. Invoices submitted by the Contractor to the Client are due within 30 days of receipt.
  15. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.
  16. The Payment as stated in this Agreement does not include Value Added Tax. Any Value Added Tax required will be charged to the Client in addition to the Payment.
  17. The Contractor will be responsible for all income tax liabilities and National Insurance   or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
  18. Reimbursement of Expenses
  19. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
  20. All expenses must be pre-approved by the Client.
  21. Confidentiality
  22. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  23. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
  24. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
  25. Ownership of Intellectual Property
  26. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  27. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
  28. Return of Property
  29. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  30. Capacity/Independent Contractor
  31. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
  32. Notice
  33. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
    1. ______________________
      ______________________________, _________________________, __________, __________
    2. ______________________
      ______________________________, _________________________, __________, __________

    or to such other address as either Party may from time to time notify the other.

  34. Indemnification
  35. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
  36. Modification of Agreement
  37. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
  38. Time of the Essence
  39. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  40. Assignment
  41. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
  42. Entire Agreement
  43. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  44. Enurement
  45. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  46. Titles/Headings
  47. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  48. Gender
  49. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  50. Governing Law
  51. This Agreement will be governed by and construed in accordance with the laws of .
  52. Severability
  53. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  54. Waiver
  55. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 27th day of June, 2017.

 



_______________________________
__________________________(Client)

 



_______________________________
__________________________(Contractor)


Service Agreement

What is a Service Agreement?

A Service Agreement, also known as a Service Contract or Contract for Services, is a written agreement between a service provider and customer that outlines the terms of a particular service between the two parties.

You can use this Service Agreement in England, Wales, Northern Ireland, or Scotland.

Parties in a Service Agreement:

Customer: The customer is the individual or corporation who hires another individual or corporation to complete a job or service for them in exchange for pay.

Service Provider: A service provider is the business or individual being hired to follow through on the job, project, or commitment that they agreed to complete for pay.

When can I use a Service Agreement?

If you are the service provider, you should use a service contract whenever you are hired by a customer to complete a service.

As the customer, if the service provider does not supply the contract, you can use a Service Agreement to ensure that the terms of the service relationship are clear.

For example, if a business wanted to hire security guards to patrol the entrances at a private event, the security guards (service provider) or you (the business) may supply a service contract detailing the services required/offered by the guards (e.g. preventing people from entering without permission, keeping patrons safe, monitoring the event etc.), as well as payment terms, event details etc.

What type of clauses are included in a Service Agreement?

Service Details

In the service contract, you can include a description of services and duration of the contract/job.

Payment and Compensation Details

Compensation and pay rate should be included in the contract, as well as a payment plan for when the provider will be paid. You may also include whether any resources will be reimbursed to the provider, such as gas or travel expenses, or if the consultant will provide the resources as part of the agreement.

Penalties

Penalty clauses may be specified in your Service Agreement, including if there is a fee for late payments or if the service provider does not come through on the service during the agreed upon time.

Confidentiality

If the service provider will be in contact with a business or individual's private information, you may specify a time period in which they cannot divulge this information to an outside source or competitor.

Non-Solicitation

An employer or customer may specify that the service provider cannot try to recruit their employees away from the customer/business.

Non-Competition

Non-compete clauses mean that the service provider is prohibited from directly competing against the customer, or working with a competitor for a certain time period.

Ownership of Materials

If the service provider is creating materials (e.g. a web designer who has developed a home page design for a business), you may establish whether these materials are property of the customer or if the ownership rights remain with the service provider.

Other Clauses

Other clauses you may address in your service contract include dispute resolution, limits on liability, indemnification, insurance, legal fees, or enurement.

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