Servicevertrags

Servicevertrags are contracts under civil law in which one party agrees to provide services to another in exchange for remuneration. They cover a broad spectrum, including maintenance, consulting, IT services, facility management, and outsourcing. The term can refer to general Dienstleistungsverträge as well as specific arrangements structured as SLAs (Service Level Agreements) that set performance standards.

In German law the main forms are the Dienstvertrag and the Werkvertrag. A Dienstvertrag obliges the service provider to perform activities with due care, but does not guarantee a specific result. A Werkvertrag binds the provider to achieve an agreed outcome or success, with acceptance and warranty provisions tied to the produced work. Many commercial service contracts are drafted as Dienstleistungsverträge or as agreements that incorporate SLAs and procurement terms.

Core elements typically include the description of services, scope and milestones, duration or term, and payment terms. Essential clauses address service levels and performance metrics, acceptance or warranty, changes and scope adjustments, termination rights, liability and liability caps, confidentiality, data protection, IP rights, subcontracting, and applicable law. SLAs often specify uptime, response and fix times, reporting, and remedies such as service credits or termination for persistent failure.

Practical considerations involve defining the scope precisely, including change-control procedures, aligning with procurement policies, ensuring audit and reporting rights, and clarifying remedies and liability. Compliance with data protection, information security, and other regulatory requirements is commonly needed in service contracts.