Out Sourcing agreement

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What is Out Sourcing agreement?

Outsourcing is the contracting out of a company’s non-core, non-revenue producing activities to specialists. It differs from contracting in that outsourcing is a strategic management tool that involves the restructuring of an organization around what it does best – its core competencies. Two common types of outsourcing are Information Technology (IT) outsourcing and Business Process Outsourcing (BPO). BPO includes outsourcing related to accounting, human resources, benefits, payroll, and finance functions and activities. Knowledge Process outsourcing (KPO) includes outsourcing related to legal, paralegal, and other highly skilled activities. A good outsourcing agreement is one which provides a comprehensive road map of the duties and obligations of both the parties – outsourcer and service provider. It minimizes complications when a dispute arise. However, many a times people neglect to pay attention while drafting an outsourcing agreement. A properly drafted Outsourcing Agreement saves a lot of problems later on. Lawyers who understanding the work culture and legal environment of both the jurisdictions should be involved in drafting Outsourcing Agreements. _____****_____ Before finalizing an outsourcing agreement, the terms should be thoroughly discussed and negotiated to avoid any misunderstanding at a later stage. Lawyers from all applicable jurisdictions must be consulted before finalizing any outsourcing agreement.

Deliverables *

Before signing an Outsourcing Agreement the following must be properly addressed: Duties and obligations of Outsourcer Duties and obligations of the service provider Security and confidentiality Legal compliance Fees and payment terms Proprietary Rights Auditing rights Applicable law to an outsourcing agreement Term of the Agreement Events of Defaults and Addressing Dispute Resolution Mechanism Time limits Location of Arbitration Number of Arbitrators Interim measures/Provisional Remedies Privacy Agreement Non-compete Agreement Confidentiality Agreement Rules Applicable Appeal & Enforcement Be aware of local peculiarities Survival terms after the termination of the outsourcing agreement. Every outsourcing agreement should be modified as applicable under different circumstances. One brush should not paint all the painting. Offshore outsourcing is a legal minefield and many companies are not aware of the problems it causes. Of the 18 areas in a standard contract 15 need to be changed if the outsourcing provider is abroad.

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