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A checklist of the main issues for suppliers and customers to consider when negotiating outsourcing agreements. Customer's considerations The scope and purpose of the outsourcing Define the boundaries of what is being outsourced, in terms of the following: Business unit and associated employees.
Physical and technical infrastructure. Analyse the main purpose of the outsourcing. Is the primary motive to decrease cost, improve service or both?
Determine the optimum period for the outsourcing: Short term or long term? With or without break clauses? Review entitlement to pensions and other benefits which are not automatically novated by TUPE.
Are certain employees critical to the provision of the outsourced services and, if so, should they be tied in to the services agreement for a specific time? Consider how far it is possible to prescribe in advance what will happen to the employees on termination of the outsourcing agreement.
Transferred assets and intellectual property rights Will any assets and rights transfer to the supplier? Should existing licences be assigned or novated to the supplier or should the usage rights simply be extended to cover the supplier?
Which party will be responsible for obtaining the necessary consents and paying any resulting fee? Consider how far it is possible to prescribe in advance what will happen to the assets and intellectual property rights on termination of the outsourcing agreement.
Who will own the intellectual property rights generated by the supplier for the purpose of providing the services? What indemnities does the customer require that the services provided do not infringe the intellectual property rights of third parties? To what extent should rights granted by the supplier to the customer also be exercisable by third parties providing services to the customer?
For example, consultants to the customer or successors to the supplier. Transition Can the full service commence on signature or is there need for a period of transition? How will the transition be managed?
What will need to go into the transition plan? Will service levels apply during the transition period? Services Define the services which the supplier will provide: Provide for the remedies, such as service credits, which will apply if certain services are not supplied in accordance with the required service levels.
Set out a process for changing services, service hours and service levels during the course of the services agreement. Define the process for ordering services where volumes may vary from time to time.
Consider the arrangements in place to cover disaster events. For example, major power disruption, fire or flood. Service improvement Will the agreement have a provision for a certain degree of improvement to be made to the services?
If so, how will it be measured and what remedies will apply if the improvement is not achieved? Price and payment What is the optimum method of pricing the services? For example, fixed price, fixed cost per unit of utilised resource, "cost plus".
First, ask yourself.
Provide detailed histories of the last three outsourcing contracts for a reference (please include contact information) Case studies. Checklist IT Outsourcing (Belgian law, English version) 1. Johan VandendriesscheLawyer at the Bar of [email protected] – 5 June Checklist – IT Outsourcing / BPOThis checklist highlights issues that need to be taken into account when drafting andnegotiating an IT outsourcing agreement or a BPO agreement.
Developing a Service Level Agreement – A Checklist Introduction could be made at the beginning of the outsourcing. This could be based on average performance levels currently being achieved. The actual Developing a Service Level Agreement - A Checklist Author: attheheels.com Checklist for Outsourcing Agreement This Study Guide Checklist for Outsourcing Agreement and other 64,+ term papers, college essay examples and free essays are available now on attheheels.com Autor: review • December 18, • Study Guide .
Outsourcing Services Agreement free download and preview, download free printable template samples in PDF, Word and Excel formats.