When two companies enter into an agreement for providing services to each other, it’s important to have an intercompany service agreement in place. This agreement outlines the specific details of the services being provided, the responsibilities of each company, payment terms, confidentiality clauses, and dispute resolution mechanisms.
Here is a basic format for an intercompany service agreement:
1. Purpose and Scope:
This section should clearly state the purpose of the agreement and the scope of services being provided by each company. It should also outline the relevant parties involved in the agreement.
2. Payment and Invoicing:
This section should specify the payment terms and conditions, including the frequency of invoicing and the acceptable payment methods.
3. Service Level Agreements:
Service level agreements (SLAs) outline the specific performance levels that are expected for the services being provided. This section should also include the process for monitoring and reporting on SLA performance.
Confidentiality is often a critical component of intercompany service agreements. This section should outline the obligations of each party to protect sensitive information and data.
5. Term and Termination:
This section should clearly state the term of the agreement and the conditions under which either party can terminate the agreement.
6. Intellectual Property:
Intellectual property rights should be addressed in the intercompany service agreement. This section should specify who owns any intellectual property developed during the course of the agreement.
7. Dispute Resolution:
It’s important to have a dispute resolution mechanism in place in case disagreements arise during the course of the agreement. This section should outline the procedures for dispute resolution, including mediation and arbitration.
Intercompany service agreements are important documents that help protect both parties involved in the agreement. By following the above format, companies can ensure that all critical details are included in the agreement, and that the agreement is clear and easy to understand for both parties involved.