The Master Subscription Agreement serves as the cornerstone document for businesses offering subscription-based services in the Netherlands and EU market. It is specifically designed to comply with Dutch legal requirements while incorporating essential EU regulations such as GDPR. This agreement type is particularly relevant for software, platform, and service providers who offer their solutions on a subscription basis, whether B2B or B2C. The document establishes the fundamental legal and commercial framework for the service relationship, covering aspects from service delivery and payment terms to data protection and liability. Companies typically use this Master Subscription Agreement as their primary contract template, customizing specific terms through schedules and appendices to accommodate different service offerings and customer requirements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Defined terms used throughout the agreement
4. Subscription Services: Detailed description of the services to be provided, including scope and delivery methods
5. Term and Renewal: Initial term, renewal provisions, and termination notice periods
6. Fees and Payment: Pricing, payment terms, invoicing procedures, and price adjustment mechanisms
7. Service Levels: Performance standards, availability commitments, and service level metrics
8. Customer Obligations: Customer responsibilities, acceptable use policies, and cooperation requirements
9. Provider Obligations: Provider's commitments, service delivery standards, and support obligations
10. Data Protection: GDPR compliance, data processing terms, and data security measures
11. Intellectual Property: IP ownership, licenses, and usage rights
12. Confidentiality: Protection of confidential information and trade secrets
13. Limitation of Liability: Liability caps, exclusions, and risk allocation
14. Termination: Termination rights, processes, and consequences
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Professional Services: Include when implementation, training, or consulting services are part of the offering
2. Hardware Provisions: Include when physical equipment is provided as part of the subscription
3. Regulatory Compliance: Include for regulated industries (e.g., healthcare, financial services)
4. Disaster Recovery: Include for critical services requiring specific business continuity commitments
5. Insurance: Include when specific insurance requirements need to be maintained
6. Audit Rights: Include when customer requires rights to audit provider's security or compliance
7. Change Control: Include when formal change management procedures are required
8. Service Credits: Include when financial remedies for service level failures are offered
1. Service Description: Detailed technical specifications and features of the subscription services
2. Service Level Agreement: Detailed service levels, measurement methods, and remedies
3. Price List: Detailed pricing, subscription tiers, and optional features
4. Data Processing Agreement: GDPR-compliant data processing terms and details
5. Support Services: Support level descriptions, response times, and escalation procedures
6. Security Requirements: Security standards, protocols, and compliance requirements
7. Acceptable Use Policy: Rules and restrictions for use of the subscription services
8. Implementation Plan: Timeline and milestones for service implementation if applicable
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