Guam Checklist for Outsourcing Agreements
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FAQ
An outsource agreement, sometimes called a commercial outsourcing services agreement, is a legal contract between a company and the contracted service provider they hire to perform services on their behalf.
Outsourcing can involve using a large third-party provider, such as a company like IBM to manage IT services or FedEx Supply Chain for third-party logistics services. But it can also involve hiring individual independent contractors, temporary office workers and freelancers.
What should be included in an outsourcing agreement? The term. ... The outsourced services and level of service by the supplier. ... Pricing and charging. ... The transfer of employees. ... Asset transfers. ... Intellectual property rights. ... Data protection. ... Warranties and liability clauses.
There are three main types of outsourcing contracts that you may want to consider: fixed price, target cost contract, and time and materials contract.
The 19 clauses we recommend including in every outsourcing contract are: Detailed project scope. Service-level agreements. Contract duration. Transfer of assets. Warranty and liabilities. Product ownership. IP protection clause. Data Protection.
Outsourcing agreements must contain as much information about the project as possible to avoid possible misunderstandings and mutual accusations in the future. In addition, in the event of a breach of contract by either party, settlement and compensation conditions must be defined.
No matter the contract type, a well formed outsourcing agreement should include: Intellectual property rights. Business process. Detailed description of services. Payment schedule. Insurance requirements. Warranties. Contract terms. Service level agreements.
