Subscription Contract for the Netherlands

Subscription Contract Template for Netherlands

A comprehensive subscription contract template governed by Dutch law, designed to establish and regulate ongoing service relationships between service providers and subscribers. This document incorporates essential elements required under Dutch civil law and EU regulations, including GDPR compliance provisions. It covers key aspects such as service delivery, payment terms, service levels, termination rights, and data protection obligations, while ensuring compliance with specific Dutch requirements regarding subscription agreements, consumer protection, and electronic contracts. The template is adaptable for both B2B and B2C relationships and includes provisions for automatic renewal and termination in accordance with Dutch law.

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What is a Subscription Contract?

This Subscription Contract template is designed for use under Dutch law to establish structured, ongoing service relationships between providers and subscribers. It is particularly relevant for businesses offering recurring services or products, whether digital or physical, and can be adapted for both business-to-business and business-to-consumer arrangements. The document incorporates mandatory requirements under Dutch civil law and EU regulations, including specific provisions for subscription terms, automatic renewals, and termination rights as required by Dutch consumer protection laws. This template should be used when establishing any form of subscription-based service offering in the Netherlands, ensuring compliance with local legal requirements while providing clear terms for service delivery, payment obligations, and party responsibilities. The contract includes essential GDPR compliance measures and reflects current market practices in the Netherlands for subscription-based business models.

What sections should be included in a Subscription Contract?

1. Parties: Identification and details of the contracting parties, including registered addresses and registration numbers

2. Background: Context of the agreement and brief description of the subscription service being provided

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

4. Service Description: Detailed description of the subscription service(s) being provided

5. Subscription Term: Duration of the subscription, including initial term and renewal provisions

6. Fees and Payment: Subscription fees, payment terms, methods, and timing

7. Service Levels: Expected service quality levels and performance standards

8. User Terms and Conditions: Rules and conditions for using the subscription service

9. Termination: Conditions and procedures for terminating the subscription

10. Data Protection: Obligations regarding personal data processing under GDPR

11. Intellectual Property: IP rights and licenses related to the subscription service

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

13. Confidentiality: Protection of confidential information

14. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes

What sections are optional to include in a Subscription Contract?

1. Service Credits: Include when offering compensation for service level failures

2. Territory Restrictions: Include when service availability is geographically limited

3. User Volumes: Include when subscription pricing is based on number of users

4. Implementation Services: Include when initial setup or implementation services are required

5. Training: Include when training services are part of the subscription

6. Maintenance Windows: Include for technical services requiring regular maintenance

7. Emergency Support: Include when offering emergency or out-of-hours support

8. Usage Restrictions: Include when there are specific usage limits or fair use policies

9. Custom Development: Include when offering customization services

10. Insurance Requirements: Include when specific insurance coverage is required

What schedules should be included in a Subscription Contract?

1. Service Level Agreement: Detailed service levels, measurements, and remedies

2. Pricing Schedule: Detailed pricing tiers, calculation methods, and special rates

3. Technical Requirements: Technical specifications and requirements for service use

4. Data Processing Agreement: Detailed terms for personal data processing under GDPR

5. Support Services: Details of support services, response times, and procedures

6. Acceptable Use Policy: Detailed rules and restrictions for service usage

7. Security Requirements: Security standards and procedures

8. Service Territory: List of countries or regions where service is available

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

Software & Technology

Media & Entertainment

Professional Services

Healthcare

Education

Retail & Consumer Goods

Financial Services

Telecommunications

Cloud Services

Digital Content

Consulting Services

Manufacturing

Utilities

Relevant Teams

Legal

Commercial

Sales

Operations

Finance

Compliance

Product Management

Customer Success

Business Development

Risk Management

Service Delivery

Account Management

Privacy & Data Protection

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Contract Manager

Compliance Officer

Product Manager

Service Delivery Manager

Chief Operating Officer

Sales Director

Account Manager

Privacy Officer

Risk Manager

Operations Manager

Customer Success Manager

Chief Financial Officer

Industries
Dutch Civil Code (Burgerlijk Wetboek): The primary source of contract law in the Netherlands, particularly Book 6 on general contract law and Book 7 on specific contracts. This governs the basic principles of contract formation, validity, and enforcement.
EU Consumer Rights Directive (implemented in Dutch law): Provides specific rules for consumer contracts, including pre-contractual information requirements and right of withdrawal, especially relevant for distance contracts.
Dutch Consumer Protection Act (Wet handhaving consumentenbescherming): Implements EU consumer protection rules and provides additional protection for consumers in the Netherlands, including rules about unfair commercial practices.
EU GDPR (AVG in Dutch): Regulates the processing of personal data, which is crucial for subscription contracts that involve collecting and processing customer information.
Dutch Telecommunications Act (Telecommunicatiewet): Contains specific provisions about electronic communications and requirements for electronic contracts, including rules about online subscriptions.
Dutch Act on Enforcement of Consumer Protection (Wet handhaving consumentenbescherming): Provides rules about automatic renewal of subscriptions and termination rights, including specific notice periods.
Services Act (Dienstenwet): Implements the EU Services Directive and contains rules about service provision, including information obligations for service providers.
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): May be relevant if the subscription involves financial services or regular payment processing.
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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