Businesses and individuals frequently rely on various service providers in their daily operations. Disagreements and disputes can arise at any stage—before, during, or after the service is provided. These issues often stem from a lack of clarity, unverified assumptions, or unrealistic expectations. 

Service contracts are essential legal tools to prevent these problems, outlining the details of services provided by a service provider to a client in clear terms. 

In this article, we will define service contracts, explore different types and scenarios where written contracts are recommended, provide a checklist of key items to include, and highlight the benefits of contract automation.

What is a Service Contract?

A service contract is a legally binding agreement between a service provider and a client. It outlines the terms and conditions governing the provision of services.

It includes essential details, such as the scope of services, payment terms, duration, responsibilities, and clauses for termination and dispute resolution.

Types of Service Contracts

There are several types of service contracts, including the following:

General Service Contract

As the name implies, a general service contract is a broad agreement between a service provider and a client.

These contracts typically include the scope of services to be provided, duration of the contract, payment terms, responsibilities of parties involved, and other relevant terms and conditions.

For example, a facility management contract between a business owner and a service provider for ongoing building maintenance would fall under this category.

Consulting Services Contract

This type of contract defines the terms under which a consultant offers their expertise. 

Key elements of a consulting contract include the scope of services, payment terms, confidentiality, and intellectual property rights.

For instance, a company might sign a consulting contract with a marketing consultant to evaluate and overhaul its current strategy.

Managed Services Contract

Common in IT and telecom, managed services contracts assign the management of IT assets, such as networks or data centers, to a Managed Service Provider (MSP). 

These contracts often include Service Level Agreements (SLAs) that define performance metrics, penalties for failing to meet SLAs, and provisions for dispute resolution.

For example, a US-based company might outsource its data center management in Australia to an MSP, agreeing to a set monthly fee and 24/7 monitoring services.

Maintenance and Support Contract

Businesses often sign maintenance and support contracts with service providers for ongoing maintenance and support related to a product, system, or equipment.

Elements typically include service details and performance standards.

To keep large fleets of vehicles up and running, logistics companies require separate maintenance and support contracts for vehicle maintenance, roadside assistance, and compliance checks.

Retainer Agreement

A retainer agreement secures the ongoing services of a provider. Usually, the client will pay a fixed monthly fee, known as a retainer, and the service provider will provide the agreed-upon service whenever called upon to do so.

Elements of retainer agreements include the scope of services, the retainer fee, duration, confidentiality, and dispute resolution.

This arrangement is often used between businesses and law firms, ensuring legal advice is available when needed.

When Should You Use a Written Service Agreement?

Suppose you regularly visit a supermarket to buy groceries. Although there’s no written agreement, an implied service contract exists: you pay for your groceries, and the supermarket delivers on quality. Since this is a simple transaction without significant risks, formal contracts aren’t necessary.

Now, picture a different scenario: your business is constructing a new office building. The project spans a year and costs millions, involving risks such as design errors, material quality, compliance issues, and cost overruns. The contractor also faces significant risks like labor shortages, supply chain delays, subcontractor failures, or unexpected costs.

Do you think Apple Park, Apple Inc’s 5 billion HQ, located on a 360-acre site for 12,000 employees, was built without several written contracts?

Clearly, high-stakes projects like these require formal, written contracts to set expectations, manage risks, clarify payment terms, and protect both parties legally.

What Should You Include in a Service Contract?

A well-drafted service contract should cover the following:

Contracting Parties

The contract must clearly identify the service provider and the client. Including legal names and contact information prevents confusion and disputes about who is obligated under the contract.

Service Description and Scope 

The most important aspect, this section outlines the services to be provided, performance standards, deliverables, and timelines to avoid misunderstandings. 

Payment Terms

Laying out the necessary details, including amounts, schedules, and payment methods goes a long way towards minimizing the chances of non-performance or breach of contract from either party.

Service Level Commitments

These commitments help provide clarity and ensure expected outcomes by setting measurable targets for the provider. Examples include:

• IT network availability: 99% service uptime every month, excluding scheduled maintenance
• Customer support response times: Calls to customer support answered within 30 seconds
• Logistics services: Goods delivered within 5 business days of order placement

Confidentiality and Non-Disclosure

Protection of sensitive and confidential information is critical for any business. However, confidential information must be shared, when required, to enable task and project completion.

Service contracts should clearly mention information that must be protected from disclosure as well as any exceptions to the rule.

Warranties

A warranty is a promise or guarantee by the provider that the service will meet certain standards or quality.

To protect themselves from substandard work, clients can include clauses related to warranties and guarantees in service contracts.

For example, for an equipment service contract, you can add a warranty clause stating that equipment will operate according to the manufacturer’s specifications for six months after servicing. If the equipment malfunctions during those six months, the service provider will be obligated to perform necessary repairs free of charge.

Dispute Resolution

Disputes are common in business dealings, and contract clauses regarding dispute resolution help to resolve disputes before they snowball into ugly conflicts. Some methods, like arbitration and mediation, help preserve business relationships and, in many cases, are a suitable alternative to lengthy and expensive litigation.

Force Majeure

Floods, fires, earthquakes, riots, and criminal activity are all unpredictable events beyond our control. Force majeure clauses in contracts detail what happens if such events prevent either party from fulfilling their obligations.

Governing Law

Parties entering into a service contract can be located in different geographical locations.  Governing law clauses specify which jurisdiction's laws will be used to interpret and enforce the contract.

Why Create Service Contracts Using a Document Automation Tool?

Manually creating service contracts is time-consuming and prone to errors. Automating the process offers several advantages:

Create More Contracts Efficiently

Let’s say that you need to create ten service contracts, where only the names, addresses, and contact details of clients change. Manually editing ten files, checking and rechecking them, and then sending each one separately via email for review is time-consuming. After approval, you'd still have to manually send emails or print the contracts for signing. 

Now compare that tedious process with the automated workflow offered by Docupilot. You create a single contract template, connect it to a data source like Microsoft Excel or Airtable, and with one click, all ten contracts will be ready within seconds. Docupilot integrates with Zapier and 70+ apps, allowing you to automate contract review and signing workflows.

Minimize Errors and Legal Risks

It’s impossible to eliminate the risk of disputes entirely, but they can be minimized by reducing errors and carefully reviewing contracts. Contracts are often lengthy and complex, and working on just one can be tiring. Handling multiple contracts under pressure increases the likelihood of errors, misunderstandings, and omissions.

How can Docupilot help? By creating templates with standard, pre-vetted legal clauses, you only need to focus on the contract-specific details. This reduces the time spent going back and forth with legal teams and cuts down the work involved in drafting and reviewing clauses.

With Docupilot’s collaborative features, you don’t have to work alone. You can collaborate in real time with stakeholders, significantly speeding up the process and reducing errors.

Improve Your Deal Closing Times

Slower contract processing leads to higher deal closing times. 

Contract automation software, like Docupilot, can significantly reduce the time spent on contract creation.

Faster contract creation means quicker deal closures, helping you serve more customers, reduce operational costs, boost revenue, and gain a competitive edge.

Streamline Service Contract Creation with Docupilot

Service contracts are essential for managing relationships, ensuring accountability, and mitigating risks when working with external service providers. Whether it's an agreement for IT services, logistics, or construction, having a clear, well-structured contract in place is crucial.

By incorporating automation tools like Docupilot, businesses can simplify contract creation, reduce errors, and save valuable time and resources. Don’t let manual processes slow you down—opt for automation to ensure consistency, accuracy, and faster deal closings.

Sign up to Docupilot for a free 30-day trial and start improving your contract creation processes today.