Drafting a solid service contract (without a lawyer)
The 8 clauses to include when you're the one sending the contract.
You're a freelancer or agency, and you are the one sending the contract to your client. Good news: that's an advantage. Whoever drafts it sets the rules.
But a poorly written contract turns against you: unpaid invoices, scope creep, unlimited liability, projects that never close.
This guide shows you which clauses to include to protect your business — and invoice with peace of mind.
Already have a template? Check it for free on subblink — A→E risk score in 2 minutes, from both sides of the contract.
Why the drafter has the advantage
The contract you send becomes the basis for negotiation. If you start from a clear, balanced document:
- You frame the scope and avoid free work.
- You secure your payments and deadlines.
- You limit your liability.
Conversely, accepting the client's contract (or worse, working without one) exposes you to their terms.
💡 Even as the issuer, have your contract analyzed: subblink flags clauses that work against you as well as those that will look abusive to your client.
The 8 essential clauses of a service contract
1. Precise object and scope
Include: a detailed description of deliverables, format, and what is excluded.
A vague scope = guaranteed scope creep. List the deliverables, the number of revisions included, and specify "any request outside the scope is subject to a priced amendment."
2. Price, schedule and payment terms
Include: amount, currency, billing schedule, and payment deadline.
Best practices on the issuer side:
- Deposit of 30 to 50% on order
- Staggered payments on long projects
- Payment term ≤ 30 days
- Late penalties + a fixed recovery fee
3. Deadlines and client obligations
Include: your delivery deadlines conditional on the client's cooperation.
Specify that deadlines start from receipt of the necessary materials (content, access, approvals). Otherwise, a slow client delays your schedule with no consequence for them.
4. Intellectual property: controlled assignment
Include: a rights assignment conditional on full payment.
On the issuer side, protect yourself:
- Rights are assigned only after full payment.
- You keep your reusable tools, methods and know-how.
- You retain the right to reference the work in your portfolio.
5. Limitation of liability
Include: a liability cap equal to the contract amount, excluding indirect damages.
A €5,000 contract should not expose you to unlimited damages. Explicitly exclude indirect losses (loss of business, data, revenue).
6. Termination and work performed
Include: termination conditions for both parties, with payment for work performed.
Provide a notice period, and above all: in case of early termination, the client pays for the work already done. Without this clause, you risk working at a loss.
7. Confidentiality (mutual)
Include: a balanced confidentiality clause that applies to both parties.
You often access the client's sensitive data — but they also access your methods. A mutual clause reassures without disadvantaging you.
8. Governing law and dispute resolution
Include: the governing law and the competent court (ideally yours).
Specify an amicable resolution step before any legal action. This avoids escalation and protects the business relationship.
Template, AI or lawyer: how to draft?
| Method | Time | Cost | Best for |
|---|---|---|---|
| Generic template | 30 min | Free | Simple, low-stakes jobs |
| Template + subblink check | 15 min | Free / € | Most services |
| Drafting lawyer | 2-5 days | €300-1,000 | High-stakes, recurring contracts |
The recommended method
- Start from an up-to-date service contract template.
- Adapt the 8 clauses above to your engagement.
- Check the result on subblink (issuer AND recipient side).
- Send a clean, balanced document.
FAQ: Drafting a service contract
Can you draft a service contract without a lawyer?
Yes. For everyday engagements, a good template adapted to your activity is enough. Have it checked by a tool like subblink, and reserve the lawyer for high-stakes or recurring contracts.
What information is mandatory?
The identity of the parties, the object, the price and payment terms, the deadlines, and the governing law. For B2C services, additional consumer disclosures apply.
Should you require a deposit?
Strongly recommended. A 30 to 50% deposit commits the client and secures your cash flow. It's a standard, accepted practice.
How to avoid scope creep?
Describe the scope and deliverables precisely, limit the number of revisions, and require a priced amendment for any additional request.
Does my contract also protect my client?
It should. An unbalanced contract will be renegotiated or rejected. subblink tells you whether a clause will look abusive on the client's side — a fair contract gets signed faster.
Checklist before sending your contract
- Object and scope detailed, with exclusions
- Price, currency, schedule and deposit
- Payment term ≤ 30 days + late penalties
- Deadlines conditional on materials provided by the client
- Intellectual property assigned after full payment
- Liability capped, indirect damages excluded
- Termination: notice + payment for work performed
- Mutual confidentiality
- Governing law and competent court
Express check: Upload your contract on subblink and get a risk score for both parties.
Conclusion
As the issuer, you hold the pen — and therefore the advantage. A clear, balanced and complete contract protects you from unpaid invoices and free work, and gets signed faster because it reassures your client.
Draft from a good template, adapt the 8 clauses, then check in 2 minutes.
Check your service contract now →
📋 Go further → On the client side, read how to spot abusive clauses in a freelance contract and how to negotiate a service contract.