The Business Agreement Between Two Parties template is designed for use in the Dutch legal context when establishing formal commercial relationships between business entities. This document is particularly relevant when companies need to formalize their business arrangements under Dutch law, whether for service provision, supply relationships, collaboration projects, or other commercial ventures. It incorporates requirements from the Dutch Civil Code (Burgerlijk Wetboek), relevant EU regulations, and Dutch commercial practice, while maintaining flexibility to accommodate various business needs. The agreement is structured to provide comprehensive coverage of essential business terms while ensuring compliance with Dutch legal requirements, making it suitable for both domestic Dutch businesses and international companies operating in the Netherlands.
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1. Parties: Identification and details of the contracting parties, including registration numbers with Dutch Chamber of Commerce (KvK)
2. Background: Context of the agreement and brief description of the parties' intention to enter into the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Clear description of the business relationship and main obligations of each party
5. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances
6. Financial Provisions: Payment terms, pricing, invoicing requirements, and payment methods
7. Confidentiality: Obligations regarding confidential information exchange and protection
8. Intellectual Property: Ownership and usage rights of IP involved in the business relationship
9. Liability and Indemnification: Limitation of liability provisions and indemnification obligations
10. Force Majeure: Circumstances excusing performance and related procedures
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Data Protection: Required when personal data is processed as part of the business relationship, ensuring GDPR compliance
2. Non-Competition: Include when parties agree to restrictions on competing activities
3. Service Levels: Necessary when specific performance metrics need to be maintained
4. Insurance: Include when parties must maintain specific insurance coverage
5. Compliance with Laws: Detailed section needed for heavily regulated industries or international business
6. Personnel: Required when staff or contractors will be involved in service delivery
7. Audit Rights: Include when one party needs rights to audit the other's compliance or performance
8. Step-In Rights: Necessary for critical services where one party may need to take over operations
1. Schedule 1 - Services Description: Detailed description of services or deliverables to be provided
2. Schedule 2 - Pricing and Payment Terms: Detailed pricing structure, payment schedules, and related financial terms
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement methods
4. Schedule 4 - Contact Details: Key contact persons and escalation procedures
5. Schedule 5 - Technical Requirements: Technical specifications or requirements for services/products
6. Appendix A - Data Processing Agreement: Required GDPR compliance documentation if personal data is processed
7. Appendix B - Security Requirements: Information security requirements and protocols
8. Appendix C - Form of Change Order: Template for documenting agreed changes to services or terms
Relevant legal definitions
Agreement
Affiliate
Business Day
Confidential Information
Commencement Date
Deliverables
Effective Date
Force Majeure Event
Intellectual Property Rights
Initial Term
Laws
Material Breach
Party/Parties
Personal Data
Products
Representatives
Services
Service Levels
Specification
Term
Territory
Working Hours
Change Order
Completion Date
Contract Year
Fees
Good Industry Practice
Group
Losses
Notice
Personnel
Quality Standards
Renewal Period
Termination Date
VAT
Working Day
Affiliate
Business Day
Confidential Information
Commencement Date
Deliverables
Effective Date
Force Majeure Event
Intellectual Property Rights
Initial Term
Laws
Material Breach
Party/Parties
Personal Data
Products
Representatives
Services
Service Levels
Specification
Term
Territory
Working Hours
Change Order
Completion Date
Contract Year
Fees
Good Industry Practice
Group
Losses
Notice
Personnel
Quality Standards
Renewal Period
Termination Date
VAT
Working Day
Clauses
Interpretation
Definitions
Term and Duration
Scope of Services
Payment Terms
Invoicing
Performance Obligations
Service Levels
Quality Standards
Intellectual Property Rights
Confidentiality
Data Protection
Personnel
Subcontracting
Warranties
Representations
Liability and Indemnification
Insurance
Force Majeure
Termination Rights
Termination Consequences
Assignment and Transfer
Change Control
Dispute Resolution
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Amendment
Third Party Rights
Anti-Corruption
Compliance with Laws
Competition Law
Non-Solicitation
Record Keeping
Audit Rights
Business Continuity
Relationship of Parties
Definitions
Term and Duration
Scope of Services
Payment Terms
Invoicing
Performance Obligations
Service Levels
Quality Standards
Intellectual Property Rights
Confidentiality
Data Protection
Personnel
Subcontracting
Warranties
Representations
Liability and Indemnification
Insurance
Force Majeure
Termination Rights
Termination Consequences
Assignment and Transfer
Change Control
Dispute Resolution
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Amendment
Third Party Rights
Anti-Corruption
Compliance with Laws
Competition Law
Non-Solicitation
Record Keeping
Audit Rights
Business Continuity
Relationship of Parties
Relevant Industries
Information Technology
Manufacturing
Professional Services
Retail
Wholesale Trade
Financial Services
Healthcare
Construction
Logistics and Transportation
Energy and Utilities
Agriculture
Telecommunications
Real Estate
Education
Media and Entertainment
Relevant Teams
Legal
Commercial
Procurement
Business Development
Operations
Finance
Compliance
Risk Management
Sales
Corporate Affairs
Contract Management
Relevant Roles
Chief Executive Officer
Commercial Director
Business Development Manager
Legal Counsel
Contract Manager
Procurement Manager
Operations Director
Chief Financial Officer
Sales Director
Account Manager
Compliance Officer
Risk Manager
General Manager
Project Manager
Corporate Secretary
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