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
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
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.