The Services

George Kimball and Mark W. Heaphy

Chapter 5 in Outsourcing Agreements, 2025, pp 111-138 from Edward Elgar Publishing

Abstract: Services are the essence of outsourcing agreements – what the supplier contracts to deliver and the customer receives for the agreed price. Chapter 5 begins with a discussion of ‘sweep’ clauses meant to assure performance of related, inherent tasks or activities in large-scale engagements to outsource whole business functions. We then discuss contract documents that define the scope of service (statements of work or service descriptions), or govern transformation and development projects, including crucial provisions for acceptance, payments and compensation for some (but not all) delays, according to actual responsibility. The chapter then discusses provisions governing relocation of operations (often with customers’ consent), reporting requirements, basic performance obligations (such as ‘reasonable’ or ‘best’ efforts or endeavors), and subcontracts.

Keywords: Outsourcing; Business Process Outsourcing; BPO; Information Technology Outsourcing; ITO; Outsourcing services; Sweeps clause; Scope of services; Scope creep; Best efforts; Commercially reasonable efforts; Savings clause; Excuse (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316984
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