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Billing Agreement Template for Netherlands

A comprehensive legal document governed by Dutch law that establishes and regulates the billing relationship between parties, typically a service provider and a customer. The agreement details payment terms, billing procedures, invoice requirements, and payment collection methods while ensuring compliance with Dutch Civil Code requirements and EU regulations. It includes provisions for payment schedules, late payment consequences, dispute resolution procedures, and may incorporate electronic billing and direct debit arrangements. The document ensures clarity in financial obligations while maintaining compliance with Dutch financial regulations and data protection requirements.

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What is a Billing Agreement?

The Billing Agreement serves as a foundational document for establishing and managing financial relationships between parties under Dutch law. It is typically used when regular payment obligations need to be formalized, such as in ongoing service relationships, subscription-based services, or recurring payment arrangements. The agreement includes essential elements required by Dutch legislation, including payment terms, invoice requirements, and dispute resolution procedures. This document is particularly relevant in today's digital economy where automated billing and electronic payment systems are common. The Billing Agreement ensures compliance with Dutch Civil Code requirements, EU payment services regulations, and data protection laws, while providing a clear framework for managing payment obligations and handling potential disputes.

What sections should be included in a Billing Agreement?

1. Parties: Identification of the billing party and the customer, including full legal names, addresses, and registration details

2. Background: Brief context of the billing relationship and reference to any master agreements or services being billed

3. Definitions: Key terms used throughout the agreement, including payment terms, billing cycles, and service-related definitions

4. Billing Terms: Core payment obligations, including amounts, frequency, and payment methods

5. Payment Schedule: Detailed timeline for payments, including billing cycles and due dates

6. Invoice Requirements: Format, content, and delivery method of invoices

7. Late Payment Consequences: Interest charges, penalties, and procedures for handling late payments

8. Term and Termination: Duration of the agreement and conditions for termination

9. Dispute Resolution: Process for handling billing disputes and corrections

10. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

What sections are optional to include in a Billing Agreement?

1. Electronic Billing Consent: Required when implementing electronic invoicing, detailing the electronic billing process and requirements

2. Direct Debit Authorization: Include when automatic payment collection is part of the arrangement

3. Third-Party Payment Processors: Required when using external payment processing services

4. Currency and Exchange Rates: Include for international billing arrangements involving multiple currencies

5. Tax Provisions: Detailed tax handling procedures when complex tax situations apply

6. Service Level Agreements: Include when billing is tied to specific service performance levels

7. Data Protection: Detailed GDPR compliance section when extensive personal data processing is involved

8. Force Majeure: Include when needed to address circumstances affecting billing capabilities

What schedules should be included in a Billing Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment amounts

2. Schedule 2 - Payment Methods: List of accepted payment methods and associated procedures

3. Schedule 3 - Invoice Template: Sample invoice format and required information fields

4. Appendix A - Contact Details: List of key contacts for billing, disputes, and administrative matters

5. Appendix B - Direct Debit Mandate: Standard direct debit authorization form when applicable

6. Appendix C - Service Specifications: Details of services being billed, if reference to specific services is needed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Document Type

Service Agreement

Cost

Free to use

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