The Software As A Service Subscription Agreement is essential for businesses providing or procuring cloud-based software solutions in the Netherlands. This document is designed to comply with Dutch civil law and EU regulations, particularly addressing requirements under the Dutch Civil Code (Burgerlijk Wetboek) and GDPR (AVG). It should be used when establishing a recurring subscription relationship for software services delivered via the internet, covering critical aspects such as service levels, data processing, security measures, and user access rights. The agreement is structured to protect both provider and customer interests while ensuring compliance with mandatory Dutch legal requirements regarding electronic services, data protection, and standard terms and conditions. It's particularly relevant in today's digital economy where cloud-based software solutions are increasingly replacing traditional on-premises software installations.

1. Parties: Identification of the contracting parties with full legal names and registered addresses

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. Service Provision: Detailed description of the SaaS services, service levels, and access rights

5. Subscription Terms: Duration, renewal, and termination provisions

6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

7. Data Protection and Security: GDPR compliance, data processing terms, and security measures

8. Service Levels: Performance standards, availability commitments, and support services

9. Intellectual Property Rights: IP ownership, licenses, and restrictions

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Disclaimers: Service warranties and statutory disclaimers

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Force Majeure: Events excusing performance and their consequences

14. General Provisions: Standard legal provisions including notices, assignment, and amendments