The Service Provider Agreement is essential for businesses operating in the Netherlands that engage external service providers for various professional services. This document serves as the primary contract governing the service relationship, ensuring clarity in service scope, deliverables, and commercial terms while maintaining compliance with Dutch law. It's particularly crucial in today's business environment where companies increasingly rely on external expertise and services. The agreement incorporates necessary provisions to address Dutch legal requirements, including data protection under GDPR, proper service provider classification to avoid employment law issues, and specific termination rights under Dutch contract law. This template is designed to be customizable while maintaining core protections and obligations required under Dutch jurisdiction.
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1. Parties: Identification and details of the service provider and the client
2. Background: Context of the agreement and brief description of the parties' intent
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Fees and Payment Terms: Service fees, payment schedule, and related financial terms
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. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Service Levels: Include when specific performance metrics and standards need to be maintained
2. Insurance: Include when specific insurance coverage requirements apply to the services
3. Non-Competition: Include when restrictions on competitive activities are necessary
4. Non-Solicitation: Include when restrictions on soliciting employees or clients are needed
5. Compliance with Laws: Include when services are in regulated industries or require specific compliance measures
6. Subcontracting: Include when service provider may need to engage subcontractors
7. Audit Rights: Include when client needs rights to audit service provider's performance or compliance
8. Business Continuity: Include when services are critical and require disaster recovery planning
9. Exit Assistance: Include when transition support is needed at contract end
1. Schedule 1 - Service Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed service level requirements and KPIs
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery
7. Appendix B - Security Requirements: Security protocols and requirements for service provision
Relevant legal definitions
Agreement
Applicable Law
Authorized Representative
Business Day
Charges
Client
Client Data
Client Materials
Commencement Date
Confidential Information
Data Protection Laws
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Personnel
Purchase Order
Service Credits
Service Levels
Services
Service Provider
Service Provider Materials
Specifications
Statement of Work
Subcontractor
Term
Third Party
VAT
Working Hours
Works
Change Request
Acceptance Criteria
Acceptance Tests
Affiliate
Background IP
Breach
Completion Date
Control
Dispute
Export Control Laws
Foreground IP
Group
Insolvency Event
Location
Loss
Material Breach
Milestone
Notice
Project
Quality Standards
Records
Representatives
Schedule
Security Requirements
Service Failure
Termination Date
Virus
Warranty Period
Applicable Law
Authorized Representative
Business Day
Charges
Client
Client Data
Client Materials
Commencement Date
Confidential Information
Data Protection Laws
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Personnel
Purchase Order
Service Credits
Service Levels
Services
Service Provider
Service Provider Materials
Specifications
Statement of Work
Subcontractor
Term
Third Party
VAT
Working Hours
Works
Change Request
Acceptance Criteria
Acceptance Tests
Affiliate
Background IP
Breach
Completion Date
Control
Dispute
Export Control Laws
Foreground IP
Group
Insolvency Event
Location
Loss
Material Breach
Milestone
Notice
Project
Quality Standards
Records
Representatives
Schedule
Security Requirements
Service Failure
Termination Date
Virus
Warranty Period
Clauses
Scope of Services
Term and Duration
Payment Terms
Service Levels
Performance Standards
Intellectual Property Rights
Confidentiality
Data Protection
Security Requirements
Personnel
Subcontracting
Change Control
Acceptance Testing
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Non-Competition
Non-Solicitation
Audit Rights
Compliance with Laws
Anti-Bribery
Export Control
Assignment and Transfer
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Relationship of Parties
Business Continuity
Record Keeping
Reporting
Quality Assurance
Health and Safety
Environmental Compliance
Tax Compliance
Regulatory Compliance
Risk Allocation
Representation and Warranties
Term and Duration
Payment Terms
Service Levels
Performance Standards
Intellectual Property Rights
Confidentiality
Data Protection
Security Requirements
Personnel
Subcontracting
Change Control
Acceptance Testing
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Non-Competition
Non-Solicitation
Audit Rights
Compliance with Laws
Anti-Bribery
Export Control
Assignment and Transfer
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Relationship of Parties
Business Continuity
Record Keeping
Reporting
Quality Assurance
Health and Safety
Environmental Compliance
Tax Compliance
Regulatory Compliance
Risk Allocation
Representation and Warranties
Relevant Industries
Information Technology
Professional Services
Consulting
Financial Services
Healthcare
Manufacturing
Telecommunications
Construction
Marketing and Advertising
Facilities Management
Education and Training
Research and Development
Engineering
Legal Services
Business Process Outsourcing
Relevant Teams
Legal
Procurement
Operations
Finance
Risk & Compliance
Commercial
Supply Chain
Business Development
Project Management
Vendor Management
Relevant Roles
Legal Counsel
Procurement Manager
Contract Manager
Business Development Manager
Operations Director
Chief Financial Officer
Risk Manager
Compliance Officer
Project Manager
Account Manager
Commercial Director
Chief Executive Officer
Vendor Manager
Supply Chain Manager
General Counsel
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