Wednesday, December 17, 2014

Services And Sales Agreement: What Is It? What Should You Find In It?

Corporations, services providers, and individuals often tend to appeal to business lawyers when it comes to write a services and sales agreement between two or more Parties. It is indeed the role of business lawyers to ensure that every Parties’ rights and obligations are construed in such contract.

An Agreement is a legal document, a contract, that defines roles and expectations that each Party must await from each other. It ensures the reliability of the proceedings, removes any ambiguity regarding legal issues, and guarantees that the Services and/or the Sales will occur under the right financial terms. All Parties are (and should be) involved when it comes to define an agreement that will protect their interests and facilitate the collaboration between them.

The services and sales agreement can contain multiple clauses for which we recommend you to see your lawyer. In order to give you an idea of what the document should contain, here is an indicative and non-exhaustive list of clauses:

1) The names and roles of the Parties involved in the agreement (clarifying the role of the Services Providers and the Customer);
2) The subject(s) of the agreement (Service(s) provided and/or the subject of the Sale);
3)  The date (effective date and termination date of the contract i.e. at the completion of the Services or at the completion of the Sale);
 4) The hourly rate, the amount of the transaction and the currency;
The responsibilities of each Party (role, obligations, and benefits the Parties should abide by and qualify for);
5) At least one member of each Party who will be in charge of revising the agreement in case of requests, demands, notices, communications issued at the conclusion of the contract;
6) The conditions of modification, delegation of tasks or waiver (in case of default, breach, omission, delay or any scenario that can make the agreement null and void);
7) The Governing Law whereby the contract, Services, Sales and proceedings must be performed (applicable jurisdiction agreed by all Parties);
 8) The signatures of all Parties and date of completion of the agreement.

For more information on the above, please call/email info@hazlolaw.com or at 1.613.747.2459.  

8 comments:

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Unknown said...

I really liked how you described each step so thoroughly all the way through. I find that tip eight is quite important for court purposes if anything went wrong in the end. Having the signatures of all parties and the date of completion of the agreement would really keep track of everything.
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Weronika Belicka said...

You seem to know a lot about business, so I'll let myself ask you a question. What do you think about dynamics 365 for financials software? My business is experiencing some kind of a crisis and I thought a proper software could help a little.

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