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Temporary Service Agreement for the Netherlands

Temporary Service Agreement Template for Netherlands

This document is a comprehensive Temporary Service Agreement governed by Dutch law, designed to establish and regulate a temporary service provision relationship between independent contractors or service providers and client organizations. It incorporates essential provisions required under Dutch legislation, including clear distinctions from employment relationships, data protection requirements under GDPR, and specific provisions required by Dutch contract law. The agreement addresses key aspects such as service scope, duration, payment terms, intellectual property rights, and maintains compliance with Dutch regulations regarding independent contractor relationships.

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What is a Temporary Service Agreement?

The Temporary Service Agreement is essential for organizations in the Netherlands engaging external service providers for specific projects or temporary assignments. This document serves as a crucial legal framework for establishing clear boundaries between employment and independent contractor relationships, while ensuring compliance with Dutch employment law, tax regulations, and the DBA Act (Wet DBA). It is specifically designed to protect both parties' interests by clearly defining the scope of services, payment terms, liability limitations, and intellectual property rights. The agreement is particularly relevant in today's flexible working environment where companies increasingly rely on temporary expertise and project-based services. It includes necessary provisions for GDPR compliance, professional liability, and specific Dutch legal requirements for independent contractor relationships.

What sections should be included in a Temporary Service Agreement?

1. Parties: Identification of the service provider and the client, including full legal names, registered addresses, and registration numbers

2. Background: Context of the agreement, establishing the temporary nature of the services and independent contractor relationship

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Term', 'Deliverables', and other relevant definitions

4. Scope of Services: Detailed description of the services to be provided, including any specific deliverables and performance standards

5. Term and Termination: Duration of the agreement, including start date, end date, and termination provisions

6. Fees and Payment: Service fees, payment terms, expenses, invoicing procedures and payment schedule

7. Independent Contractor Status: Clear statement of independent contractor relationship and exclusion of employment relationship

8. Performance Standards: Quality standards, timeline requirements, and performance metrics

9. Intellectual Property Rights: Ownership and usage rights of any intellectual property created during the service provision

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

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

13. Insurance: Required insurance coverage and minimum limits

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

15. General Provisions: Standard clauses including notices, amendments, entire agreement, and severability

What sections are optional to include in a Temporary Service Agreement?

1. Non-Competition: Restrictions on competing activities, used when service provider may have access to sensitive market information

2. Non-Solicitation: Restrictions on soliciting client's employees or customers, used when service provider has significant client contact

3. Equipment and Resources: Provisions regarding tools and resources provided by either party, used when specific equipment is required

4. Substitution Rights: Right to provide substitute service provider, important for maintaining independent contractor status

5. Works Council Approval: Reference to works council approval if required under Dutch law

6. Service Level Agreement: Detailed performance metrics and standards, used for technical or complex services

7. Exit Assistance: Provisions for transition of services at termination, used for complex or critical services

8. Force Majeure: Provisions for unforeseen circumstances preventing service delivery

What schedules should be included in a Temporary Service Agreement?

1. Schedule 1 - Service Description: Detailed specification of services to be provided, including scope, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

5. Schedule 5 - Contact Details: Key contacts and escalation procedures for both parties

6. Appendix A - Required Qualifications: Specific qualifications or certifications required for service delivery

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

8. Appendix C - Approved Substitutes: List of pre-approved substitute service providers if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions















































Clauses









































Relevant Industries

Information Technology

Management Consulting

Professional Services

Healthcare

Engineering

Creative Industries

Financial Services

Education and Training

Construction

Research and Development

Marketing and Communications

Business Advisory

Relevant Teams

Legal

Human Resources

Procurement

Finance

Compliance

Operations

Risk Management

Project Management Office

Business Development

Contract Administration

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Project Manager

Contract Administrator

Business Development Manager

Operations Director

Finance Manager

Compliance Officer

Risk Manager

Department Head

Managing Director

Chief Financial Officer

Chief Legal Officer

Resource Planning Manager

Industries








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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