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BS EN 17371-2:2021

BS EN 17371-2:2021

$198.66

Provision of services – Services contracts. Guidance for the design, content and structure of contracts

Published By Publication Date Number of Pages
BSI 2021 52
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This document provides guidance on the design, content and structure of service contracts. It is aimed at service buyers and service providers entering a contractual relationship who do not necessarily have legal training. The guidance set out in this document does not constitute legal advice.

This document is applicable to:

  1. service buyers and service providers regardless of type, size or the nature of the services;

  2. service providers who may be inside or outside the service buyers’ organization; and

  3. any interested parties who are directly or indirectly involved in or affected by a procurement process.

This document is not applicable to service contracts where the service buyer is a consumer, nor for works contracts.

NOTE 1

“Works contracts” are contracts that have as their object the execution, or both the design and execution, of a work are not covered. Contracts having as their object only the design of a work are covered.

NOTE 2

“Work” means the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function.

NOTE 3

“Consumer” means an individual member of the general public purchasing or using services for private purposes.

PDF Catalog

PDF Pages PDF Title
2 undefined
7 1 Scope
2 Normative references
3 Terms and definitions
8 4 Purpose of a service contract
5 Service contract structures
9 6 Content of a service contract
6.1 General
6.2 Who is entering into the service contract?
10 6.3 What are the services – how are they specified, ordered and what are the service performance targets?
6.3.1 Service description
6.3.2 Transition and transformation during the provision of services
6.3.3 Mechanism for ordering services
11 6.3.4 Service performance targets
6.3.4.1 General
6.3.4.2 Service performance metrics
12 6.3.4.3 Data collection and baseline process
13 6.3.4.4 Governance of service performance management
14 6.3.4.5 Changes to service metrics
6.3.5 Business continuity and disaster recovery planning
6.3.5.1 The purpose
15 6.3.5.2 Contents of a business continuity and disaster recovery plan
6.4 How are charges calculated and paid?
6.4.1 General
16 6.4.2 Charges/remuneration for services
17 6.4.3 Payment terms
6.4.4 Taxation
6.4.5 Price adjustment mechanisms — inflation, foreign exchange rates, benchmarking
18 6.5 What legal system governs the service contract?
6.6 How will the contracting parties deal with disputes?
6.6.1 General
6.6.2 Non-binding dispute resolution
6.6.2.1 Internal escalation procedure
19 6.6.2.2 Mediation
6.6.3 Binding dispute resolution
6.6.3.1 General
6.6.3.2 Expert determination
6.6.3.3 Arbitration
6.6.3.4 Courts
6.7 What is the exposure?
6.7.1 General
6.7.2 Apportionment of risk
20 6.7.3 Limitation of liability
6.7.4 Insurance
6.8 What intellectual property rights are there in, and to, the service outputs?
6.8.1 General
6.8.2 Intellectual property rights
21 6.9 When does the agreement commence, how is it terminated and what are the consequences of termination?
6.9.1 Commencement and expiry
6.9.2 Termination rights
22 6.9.3 Consequences of termination
6.9.4 Exit management
6.10 What considerations relate to information/data?
6.10.1 General
6.10.2 Confidential information
23 6.10.3 IT security and data protection (GDPR)
6.11 Making changes to the agreement and the contracting parties’ relationship
6.11.1 General
6.11.2 Variation/contract changes
24 6.11.3 Governance
6.12 What other terms need to be considered?
6.12.1 Recitals, background, introduction
6.12.2 Meaning of defined terms and interpretation
25 6.12.3 Nature of appointment (exclusive and non-exclusive)
6.12.4 Does the service contract allow group companies to order/receive services?
6.12.5 Waiver
6.12.6 Assignment and subcontracting, change of control
6.12.6.1 Assignment
6.12.6.2 Subcontracting
6.12.6.3 Change of control
26 6.12.7 Export control/sanctions lists
6.12.8 Force majeure
6.12.9 Notices
27 Annex A (informative)Service scope and description
A.1 Introduction
A.2 Mistaking the “How” for the “What”
29 A.3 Contents of service scope
30 Annex B (informative)Pricing models
32 Annex C (informative)Exit management
C.1 Introduction
C.2 Triggering the exit management plan
C.3 Content of an exit management plan

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BS EN 17371-2:2021
$198.66