The Customer Service Agreement serves as the primary contractual framework for establishing and managing service delivery relationships under Dutch law. This document is essential when a business provides ongoing services to customers, whether they are consumers or other businesses, and requires clear definition of service scope, delivery standards, and mutual obligations. The agreement ensures compliance with Dutch legal requirements, including the Dutch Civil Code and EU regulations such as GDPR, while providing comprehensive coverage of service levels, performance metrics, and risk allocation. It is particularly important for businesses operating in the Netherlands or serving Dutch customers, as it incorporates specific local legal requirements and consumer protection provisions. The Customer Service Agreement should be customized based on the nature of services, industry-specific regulations, and whether the customer is a business or consumer, while maintaining compliance with Dutch and EU legal frameworks.
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1. Parties: Identification of the service provider and customer, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Defined terms used throughout the agreement, ensuring consistent interpretation
4. Services: Detailed description of the services to be provided, service levels, and delivery timeframes
5. Duration and Commencement: Term of the agreement, including start date and any initial/renewal periods
6. Fees and Payment: Pricing, payment terms, invoicing procedures, and late payment consequences
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Customer Obligations: Customer's responsibilities and requirements for service delivery
9. Data Protection: GDPR compliance measures and data handling procedures
10. Confidentiality: Protection of confidential information exchanged during service provision
11. Intellectual Property: Ownership and usage rights of IP involved in service delivery
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Termination: Grounds for termination, notice periods, and consequences of termination
14. Force Majeure: Provisions for handling events beyond parties' reasonable control
15. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Service Level Agreement (SLA): Detailed service performance metrics and remedies, necessary for technical or IT services
2. Change Management: Procedures for requesting and implementing changes to services, useful for long-term or complex services
3. Disaster Recovery: Business continuity and disaster recovery procedures, important for critical services
4. Insurance: Specific insurance requirements, necessary for high-risk or regulated services
5. Personnel and Subcontractors: Requirements for service provider staff and subcontractor use, relevant for on-site or personnel-heavy services
6. Compliance with Laws: Specific regulatory compliance requirements, necessary for regulated industries
7. Customer Data Migration: Procedures for handling customer data transfer, relevant for digital services
8. Training and Support: Details of training and support services, important for complex product-related services
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Service Levels: Specific performance metrics, measurement methods, and remedies
3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, rates, and payment schedules
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
5. Schedule 5 - Contact Details and Escalation Procedure: Key contacts and communication protocols
6. Appendix A - Service Request Form: Standard form for requesting specific services or changes
7. Appendix B - Accepted Service Locations: List of approved service delivery locations
8. Appendix C - Security Requirements: Specific security protocols and requirements
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