Services Agreement

Services Agreement - SERVICES AGREEMENT The Services...

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SERVICES AGREEMENT The Services Agreement is intended to be used where a technology supplier is providing various services to a customer. In cases where the services to be provided are comprehensive, and may include software, hardware, maintenance, support, training, testing and professional services, it can be very confusing and complicated to use different legal agreements for each type of service being provided. The Services Agreement is a single agreement which may be used for the provision of computer hardware, computer software, support, maintenance, training, testing, professional services, and the supply of third party computer hardware and software. The Services Agreement contains software license provisions and contains provisions to cover both the situation in which software is owned by the Supplier and is merely licensed to the Customer and the situation in which software is developed for the Customer and upon completion becomes the property of the Customer. The precedent Services Agreement which follows contemplates the existence of one or more Statements of Work. The Statement of Work is similar to a purchase order, and contains a precise description of the goods and/or services to be provided, and some of the terms on which those goods and/or services will be provided (e.g. price, delivery date, specifications of hardware and software, description of services, deliverables, installation date, testing and acceptance procedures, etc.). The purpose of using the Statement of Work, rather than providing for all of these matters in the Services Agreement, is to provide the supplier with the greatest amount of consistency and flexibility. The supplier can use the same form of agreement for all of its customers, knowing that the only terms which vary from one customer to another are set out on the Statements of Work. Accordingly, the supplier does not need to review each contract to determine what subtle differences there may be from one to another. In addition, because the Services Agreement contemplates multiple Statements of Work for one customer, a supplier can change or add to the services being supplied to a customer simply by preparing an additional Statement of Work. For suppliers that have a large sales force, it is economical and practical to educate them on the provisions of one comprehensive contract, and give salespeople limited authorization to prepare Statements of Work, while not authorizing them to amend the terms of the Services Agreement.
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- 2 - SERVICES AGREEMENT THIS AGREEMENT made [this/as of the] [date of agreement]. B E T W E E N : COMPUTER CONSULTING COMPANY INC., an Ontario corporation with an office located at 120 Dack Avenue, Toronto, Ontario (the “Supplier”) OF THE FIRST PART - and - WIDGET MANUFACTURING INC., an Ontario corporation with an office located at 123 Main Street, Hamilton, Ontario (the “Customer”) OF THE SECOND PART WHEREAS the Supplier is in the business of providing computer consulting services,
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Services Agreement - SERVICES AGREEMENT The Services...

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