Contract for the provision of services
On quotation
Do you use an external service provider for your prototype, creation of code for your software or other? Be careful, a contract for provision of services is necessary and must frame your collaboration in an effective way to protect you.
What is a contract for provision of services?
The contract for the provision of services is a contract between a service provider and his client in return for payment for the service, like a hairdresser with his client for example.
If the contract for the provision of services aims to govern the relationship between the client, also known as the project owner, and the service provider for the performance of a job, it must be distinguished from the classic employment contract. Indeed, the contractor remains independent of the client, he is not his employee as an employment contract would imply.
Why draft a contract for the provision of services ?
The service provided must correspond to detailed specifications established by the parties, particularly on the issues of the purpose of the service, its duration, etc. As the service may involve intellectual property, it is important to include it in the contract. Also, it is essential to look at :
- The purpose of the service: determine it clearly and precisely in order to best frame it in the contract and in the execution
- The duration of the service: how long it will last, whether the service contract will be renewable or not, by what means
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Remuneration: an essential element of the service contract, it is necessary to determine the amount to be paid for the service and the terms of payment
- Confidentiality: certain information and data may be confidential and the parties will be subject to secrecy, it will be necessary to determine what this information will be
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Intellectual property and exploitation of results: from the provider’s point of view, it will be necessary to ensure that the knowledge used for the service, in particular the methodology or the know-how, remains the property of the provider and is not transferred. From the client’s perspective, it will be important to stipulate that the rights of exploitation of the result of the service is transferred to him (for example, if the service is a logo, the transfer of the economic rights on the work will be essential to be able to exploit the logo without risking to infringe the rights of the author).
A properly drafted service contract allows the work to be carried out in accordance with the client’s expectations while respecting the interests of the service provider. At YesMyPatent we assist our clients in the drafting of their service contracts to ensure the smooth running of their projects.
