This Master Service Agreement template is designed for use in the Netherlands, complying with Dutch law and EU regulations, when parties intend to establish a long-term service relationship with multiple service engagements over time. The agreement provides a comprehensive framework that eliminates the need to negotiate basic terms for each service engagement, while maintaining flexibility through the use of service orders or statements of work for specific services. It incorporates key provisions required under Dutch law, including liability limitations under the Dutch Civil Code, GDPR compliance requirements, and regulations regarding general terms and conditions. The MSA is particularly useful for complex service relationships where services may evolve over time or where multiple services may be added incrementally to the relationship.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Services: General framework for services to be provided under the agreement
5. Service Orders: Process for requesting, agreeing, and implementing specific services
6. Service Provider Obligations: Core obligations and responsibilities of the service provider
7. Customer Obligations: Core obligations and responsibilities of the customer
8. Fees and Payment: Payment terms, invoicing, and fee adjustment mechanisms
9. Service Levels: Performance standards and measurement criteria
10. Intellectual Property Rights: Ownership and licensing of IP created or used in service delivery
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Term and Termination: Duration, renewal, and termination provisions
15. Force Majeure: Handling of events beyond parties' reasonable control
16. Governing Law and Jurisdiction: Application of Dutch law and dispute resolution
17. General Provisions: Standard boilerplate clauses including notices, amendment process, and severability
1. Compliance with Laws: Detailed regulatory compliance obligations, particularly relevant for regulated industries
2. Insurance: Specific insurance requirements, important for high-risk or regulated services
3. Security Requirements: Detailed security obligations, essential for IT or data-intensive services
4. Business Continuity: Disaster recovery and business continuity requirements for critical services
5. Audit Rights: Customer's rights to audit service provider, important for regulated industries or critical services
6. Personnel Requirements: Specific requirements for service provider's personnel, relevant when services are personnel-dependent
7. Transition Services: Provisions for service transition at start and end of agreement, important for complex service arrangements
8. Environmental Compliance: Environmental obligations, relevant for services with environmental impact
9. Social Responsibility: CSR requirements, increasingly important for larger corporations
10. Export Control: Export control compliance, necessary for international service provision
1. Service Description Schedule: Detailed description of available services and delivery parameters
2. Service Levels Schedule: Detailed service level agreements, KPIs, and measurement methodologies
3. Pricing Schedule: Detailed fee structure, rates, and pricing mechanisms
4. Data Processing Agreement: GDPR-compliant data processing terms and details
5. Security Requirements Schedule: Detailed security protocols and requirements
6. Approved Subcontractors: List of approved subcontractors and their roles
7. Service Order Template: Standard template for ordering specific services
8. Change Control Procedure: Process for implementing changes to services or agreement
9. Technical Requirements: Technical specifications and requirements for service delivery
10. Transition Plan: Detailed plan for service implementation or transition
Relevant legal definitions
Agreement
Affiliate
Applicable Law
Business Day
Change Control Procedure
Charges
Confidential Information
Customer
Customer Data
Customer Materials
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Processing
Service Credits
Service Levels
Services
Service Order
Service Provider
Service Provider Materials
Specifications
Statement of Work
Subcontractor
Term
Third Party
Working Hours
Authorized Representative
Background IP
Commencement Date
Compliance Requirements
Data Protection Laws
Disclosing Party
Documentation
Emergency
Fees
Group
Implementation Plan
Initial Term
Losses
Material Breach
Milestone
Notice
Receiving Party
Renewal Term
Reports
Security Requirements
Service Location
Software
Territory
Workdays
VAT
Affiliate
Applicable Law
Business Day
Change Control Procedure
Charges
Confidential Information
Customer
Customer Data
Customer Materials
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Processing
Service Credits
Service Levels
Services
Service Order
Service Provider
Service Provider Materials
Specifications
Statement of Work
Subcontractor
Term
Third Party
Working Hours
Authorized Representative
Background IP
Commencement Date
Compliance Requirements
Data Protection Laws
Disclosing Party
Documentation
Emergency
Fees
Group
Implementation Plan
Initial Term
Losses
Material Breach
Milestone
Notice
Receiving Party
Renewal Term
Reports
Security Requirements
Service Location
Software
Territory
Workdays
VAT
Clauses
Interpretation
Definitions
Service Provision
Service Orders
Service Levels
Customer Obligations
Service Provider Obligations
Charges and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Personnel
Subcontracting
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Term and Termination
Exit Management
Change Control
Dispute Resolution
Assignment and Transfer
Notices
Entire Agreement
Severability
Waiver
Variation
Third Party Rights
Announcements
Anti-Bribery
Competition Law
Export Control
Environmental Compliance
Health and Safety
Security Requirements
Business Continuity
Record Keeping
Reporting
Performance Review
Quality Assurance
Governance
Compliance with Laws
Non-Solicitation
Set-Off
Foreign Currency
Tax
Governing Law and Jurisdiction
Definitions
Service Provision
Service Orders
Service Levels
Customer Obligations
Service Provider Obligations
Charges and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Personnel
Subcontracting
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Term and Termination
Exit Management
Change Control
Dispute Resolution
Assignment and Transfer
Notices
Entire Agreement
Severability
Waiver
Variation
Third Party Rights
Announcements
Anti-Bribery
Competition Law
Export Control
Environmental Compliance
Health and Safety
Security Requirements
Business Continuity
Record Keeping
Reporting
Performance Review
Quality Assurance
Governance
Compliance with Laws
Non-Solicitation
Set-Off
Foreign Currency
Tax
Governing Law and Jurisdiction
Relevant Industries
Information Technology
Professional Services
Business Process Outsourcing
Manufacturing
Healthcare
Financial Services
Telecommunications
Logistics and Supply Chain
Consulting
Facilities Management
Engineering
Construction
Research and Development
Relevant Teams
Legal
Procurement
Commercial
Operations
Finance
Compliance
Risk Management
Business Development
Project Management
Information Technology
Data Protection
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Business Development Manager
Operations Director
Chief Financial Officer
Project Manager
Account Manager
Risk Manager
Compliance Officer
Data Protection Officer
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