Service Agreement for the Netherlands

Service Agreement Template for Netherlands

A Dutch Service Agreement is a legally binding contract governed by Dutch law that establishes the terms and conditions under which one party (the Service Provider) agrees to provide specific services to another party (the Client). This agreement is structured in accordance with the Dutch Civil Code (Burgerlijk Wetboek) and incorporates relevant EU regulations where applicable. It details the scope of services, payment terms, performance standards, liability provisions, and other essential elements of the service relationship, while ensuring compliance with Dutch legal requirements and business practices.

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What is a Service Agreement?

The Service Agreement under Dutch law is designed to establish and regulate professional service relationships between service providers and their clients. This document is essential when engaging external service providers, consultants, or contractors in the Netherlands, whether for one-off projects or ongoing services. The agreement incorporates key provisions required under Dutch law, including those from the Burgerlijk Wetboek (Dutch Civil Code), and addresses crucial aspects such as service scope, payment terms, liability, and termination rights. It's particularly important for maintaining clear boundaries between service relationships and employment relationships, a distinction that's carefully scrutinized under Dutch law. The agreement can be customized for various service types while maintaining compliance with Dutch legal requirements and EU regulations.

What sections should be included in a Service Agreement?

1. Parties: Identification and details of the service provider and service recipient, including registered addresses and company details

2. Background: Context of the agreement and brief description of the parties' intention to enter into a service relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided under the agreement

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances under which either party may terminate

6. Fees and Payment: Service fees, payment terms, invoicing procedures, and late payment consequences

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Service Levels: Expected performance standards and quality metrics for the services

10. Intellectual Property Rights: Ownership and usage rights of any IP created or used during service provision

11. Confidentiality: Obligations regarding confidential information handling and protection

12. Liability and Indemnification: Limitations of liability and indemnification obligations of both parties

13. Force Majeure: Provisions for handling circumstances beyond parties' reasonable control

14. Notices: Procedures for formal communications between parties

15. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Service Agreement?

1. Data Protection: Required when personal data processing is involved, detailing GDPR compliance measures

2. Insurance: Include when specific insurance coverage is required for the services

3. Non-Competition: Add when restricting the service provider from competing activities is necessary

4. Non-Solicitation: Include when preventing hiring of each other's employees is relevant

5. Audit Rights: Add for services requiring regular compliance or performance audits

6. Disaster Recovery: Include for critical services requiring business continuity measures

7. Subcontracting: Add when service provider may need to engage subcontractors

8. Change Control: Include for long-term or complex services requiring formal change procedures

9. Export Control: Required when services involve international data or technology transfers

10. Environmental Compliance: Include when services have environmental impact or sustainability requirements

What schedules should be included in a Service Agreement?

1. Schedule 1 - Service Description: Detailed technical specifications and scope of the services

2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

4. Schedule 4 - Contact Details: Key personnel and escalation contacts for both parties

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if applicable

6. Schedule 6 - Security Requirements: IT security and data protection requirements

7. Appendix A - Service Request Form: Template for requesting specific services or changes

8. Appendix B - Report Templates: Standard formats for required service reports and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Professional Services

Management Consulting

Financial Services

Healthcare

Engineering

Marketing and Advertising

Telecommunications

Facilities Management

Education and Training

Legal Services

Real Estate Services

Human Resources

Research and Development

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Commercial

Business Development

Contract Management

Vendor Management

Project Management

Service Delivery

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Operations Director

Project Manager

Compliance Officer

Risk Manager

Commercial Director

Chief Financial Officer

Chief Operating Officer

Service Delivery Manager

Account Manager

Vendor Manager

General Counsel

Head of Legal

Chief Executive Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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