This IT Services Contract serves as a fundamental legal framework for organizations engaging external IT service providers in the Netherlands. It is specifically designed to comply with Dutch civil law and EU regulations, particularly the Dutch Civil Code (Burgerlijk Wetboek) and GDPR requirements. The contract is essential when establishing long-term IT service relationships, whether for software development, system maintenance, cloud services, or IT consultancy. It includes comprehensive provisions for service levels, data protection, intellectual property rights, and liability allocation, with flexibility to accommodate various IT service types. The document structure follows Dutch legal conventions while incorporating international IT industry best practices, making it suitable for both domestic and international service arrangements within Dutch jurisdiction.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and high-level purpose of the IT services
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Detailed description of IT services to be provided and service provider's obligations
5. Customer Obligations: Customer's responsibilities and requirements for enabling service delivery
6. Service Levels: Performance standards, measurement methods, and remedies for non-compliance
7. Charges and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection: GDPR compliance measures and data processing obligations
9. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnities: Limitation of liability and indemnification obligations
12. Term and Termination: Contract duration, renewal, and termination provisions
13. Force Majeure: Handling of events beyond reasonable control
14. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Change Control: Process for managing changes to services or contract terms - include for complex or long-term services
2. Personnel: Requirements for service provider staff, including qualifications and security clearance - relevant for on-site services
3. Security Requirements: Specific security protocols and standards - important for handling sensitive data or systems
4. Business Continuity: Disaster recovery and business continuity requirements - crucial for critical systems
5. Exit and Migration: Detailed exit management and service transition provisions - important for complex or business-critical services
6. Compliance and Audit: Specific regulatory compliance requirements and audit rights - necessary for regulated industries
7. Service Credits: Financial compensation mechanism for service level failures - useful for critical services
8. Insurance: Specific insurance requirements - important for high-risk or high-value services
1. Service Description: Detailed technical specifications of all IT services to be provided
2. Service Levels and KPIs: Detailed service level agreements, measurement methodologies, and reporting requirements
3. Charges: Detailed pricing structure, rate cards, and payment milestones
4. Data Processing Agreement: GDPR-compliant data processing terms and security measures
5. Personnel: Key personnel, roles, qualifications, and replacement procedures
6. Technical Requirements: Customer's technical environment and compatibility requirements
7. Security Policy: Detailed security protocols, standards, and compliance requirements
8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
9. Exit Plan: Detailed transition and exit management procedures
10. Approved Subcontractors: List of approved subcontractors and their roles
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliated Company
Applicable Law
Authorised Representatives
Background IP
Business Day
Business Hours
Change Control Procedure
Charges
Confidential Information
Contract Year
Customer Data
Customer Materials
Customer Systems
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Documentation
Effective Date
Emergency Maintenance
Exit Plan
Force Majeure Event
Good Industry Practice
Incident
Intellectual Property Rights
Key Personnel
Maintenance Window
Personal Data
Planned Maintenance
Project Plan
Response Time
Security Requirements
Service Credits
Service Levels
Services
Service Provider Systems
Software
Specification
Subcontractor
Term
Third Party Materials
Transition Period
Virus
Vulnerability
Acceptance Tests
Affiliated Company
Applicable Law
Authorised Representatives
Background IP
Business Day
Business Hours
Change Control Procedure
Charges
Confidential Information
Contract Year
Customer Data
Customer Materials
Customer Systems
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Documentation
Effective Date
Emergency Maintenance
Exit Plan
Force Majeure Event
Good Industry Practice
Incident
Intellectual Property Rights
Key Personnel
Maintenance Window
Personal Data
Planned Maintenance
Project Plan
Response Time
Security Requirements
Service Credits
Service Levels
Services
Service Provider Systems
Software
Specification
Subcontractor
Term
Third Party Materials
Transition Period
Virus
Vulnerability
Clauses
Interpretation
Service Provision
Service Levels
Customer Obligations
Change Control
Charges and Payment
Data Protection
Data Security
Intellectual Property Rights
Confidentiality
Personnel
Subcontracting
Performance Monitoring
Audit Rights
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Business Continuity
Disaster Recovery
Dispute Resolution
Assignment and Novation
Notice
Governing Law
Jurisdiction
Entire Agreement
Severability
Third Party Rights
Anti-Bribery
Competition
Conflicts of Interest
Service Provision
Service Levels
Customer Obligations
Change Control
Charges and Payment
Data Protection
Data Security
Intellectual Property Rights
Confidentiality
Personnel
Subcontracting
Performance Monitoring
Audit Rights
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Business Continuity
Disaster Recovery
Dispute Resolution
Assignment and Novation
Notice
Governing Law
Jurisdiction
Entire Agreement
Severability
Third Party Rights
Anti-Bribery
Competition
Conflicts of Interest
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Telecommunications
Professional Services
Education
Government
Energy
Transportation
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Information Security
Operations
Finance
Data Protection
Vendor Management
Project Management
Technical Operations
Relevant Roles
Chief Information Officer
IT Director
Procurement Manager
Legal Counsel
Contract Manager
Information Security Officer
Data Protection Officer
IT Project Manager
Enterprise Architect
Operations Manager
Risk Manager
Compliance Officer
Technical Director
Chief Technology Officer
Vendor Manager
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