The Service Delivery Agreement is a crucial document used when establishing a formal relationship between professional service providers and their clients under Dutch law. This agreement is essential for businesses engaging external service providers or establishing long-term service relationships, providing a comprehensive framework that governs the delivery of services, performance expectations, and commercial terms. It ensures compliance with Dutch legal requirements, including the Dutch Civil Code (Burgerlijk Wetboek) and EU regulations such as GDPR, while protecting both parties' interests through clear definition of rights, obligations, and remedies. The document is particularly valuable for complex service arrangements requiring detailed service levels, specific performance metrics, and clear accountability structures.
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1. Parties: Identification and details of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and brief description of the parties' business 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 Commencement: Duration of the agreement and conditions for commencement
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Customer's Obligations: Key responsibilities and commitments of the customer
8. Fees and Payment: Payment terms, fee structure, invoicing, and payment schedules
9. Service Levels: Performance standards and metrics for service delivery
10. Intellectual Property Rights: Ownership and usage rights of IP created or used during 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 provisions
14. Force Majeure: Provisions for handling events beyond reasonable control
15. Termination: Conditions and procedures for ending the agreement
16. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Insurance: Insurance requirements - include when services involve significant risks or regulatory requirements
2. Security Requirements: Specific security measures and protocols - include when handling sensitive data or systems
3. Compliance with Laws: Specific regulatory compliance obligations - include for heavily regulated industries
4. Personnel Requirements: Qualifications and requirements for service provider's personnel - include when specific expertise is crucial
5. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
6. Exit Assistance: Transition support upon termination - include for complex or critical services
7. Non-Competition: Competitive restrictions - include when sharing sensitive market information
8. Subcontracting: Rules for engaging subcontractors - include when subcontracting is likely
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies
3. Schedule 3 - Charges and Payment: Detailed fee structure, rates, and payment terms
4. Schedule 4 - Customer Dependencies: Detailed list of customer-provided resources and requirements
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Contact Details and Escalation: Key personnel and escalation procedures
7. Appendix A - Service Change Request Form: Template for requesting changes to services
8. Appendix B - Acceptance Testing Procedures: Procedures for accepting deliverables
Relevant legal definitions
Agreement
Applicable Law
Business Day
Charges
Confidential Information
Customer
Customer Dependencies
Customer Materials
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Personnel
Service Credits
Service Levels
Services
Service Provider
Service Provider Materials
Service Requirements
Specifications
Statement of Work
Subcontractor
Term
Territory
Third Party
Working Hours
Change Request
Acceptance Criteria
Critical Service Failure
Emergency Maintenance
Implementation Plan
Response Time
Resolution Time
Service Commencement Date
Service Location
Scheduled Maintenance
VAT
Applicable Law
Business Day
Charges
Confidential Information
Customer
Customer Dependencies
Customer Materials
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Personnel
Service Credits
Service Levels
Services
Service Provider
Service Provider Materials
Service Requirements
Specifications
Statement of Work
Subcontractor
Term
Territory
Third Party
Working Hours
Change Request
Acceptance Criteria
Critical Service Failure
Emergency Maintenance
Implementation Plan
Response Time
Resolution Time
Service Commencement Date
Service Location
Scheduled Maintenance
VAT
Clauses
Definitions and Interpretation
Services Scope
Term and Duration
Service Provider Obligations
Customer Obligations
Service Levels
Fees and Payment
Invoicing
Performance Monitoring
Change Control
Customer Dependencies
Key Personnel
Data Protection
Intellectual Property Rights
Confidentiality
Non-Solicitation
Warranties
Liability and Indemnification
Force Majeure
Insurance
Compliance with Laws
Audit Rights
Security Requirements
Business Continuity
Subcontracting
Assignment and Transfer
Anti-Bribery and Corruption
Termination
Exit Management
Dispute Resolution
Governing Law and Jurisdiction
Force Majeure
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Waiver
Counterparts
Services Scope
Term and Duration
Service Provider Obligations
Customer Obligations
Service Levels
Fees and Payment
Invoicing
Performance Monitoring
Change Control
Customer Dependencies
Key Personnel
Data Protection
Intellectual Property Rights
Confidentiality
Non-Solicitation
Warranties
Liability and Indemnification
Force Majeure
Insurance
Compliance with Laws
Audit Rights
Security Requirements
Business Continuity
Subcontracting
Assignment and Transfer
Anti-Bribery and Corruption
Termination
Exit Management
Dispute Resolution
Governing Law and Jurisdiction
Force Majeure
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Waiver
Counterparts
Relevant Industries
Information Technology
Professional Services
Management Consulting
Financial Services
Healthcare
Manufacturing
Telecommunications
Business Process Outsourcing
Software Development
Engineering Services
Digital Marketing
Legal Services
Relevant Teams
Legal
Procurement
Operations
Commercial
Compliance
Risk Management
Finance
Business Development
Contract Management
Vendor Management
Relevant Roles
Legal Counsel
Procurement Manager
Contract Manager
Commercial Director
Operations Manager
Project Manager
Business Development Manager
Account Executive
Compliance Officer
Risk Manager
Service Delivery Manager
Chief Operating Officer
Chief Financial Officer
Vendor Manager
General Counsel
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