The Client Engagement Agreement serves as the foundational document for establishing professional service relationships under Dutch law. It is typically used when a service provider begins a new client relationship or formalizes an existing one, providing a clear framework for the engagement. The document addresses crucial aspects including service scope, fees, liability, data protection (GDPR compliance), and termination rights. This agreement type is particularly important in the Netherlands due to specific requirements under the Dutch Civil Code and professional services regulations. It helps prevent misunderstandings by clearly defining expectations, responsibilities, and deliverables while ensuring compliance with Dutch legal requirements. The agreement can be customized for various service types while maintaining core legal protections for all parties involved.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the engagement and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Term and Commencement: Duration of the agreement and start date
6. Fees and Payment: Payment terms, rates, invoicing and payment methods
7. Obligations of Service Provider: Key responsibilities and commitments of the service provider
8. Client Responsibilities: Client's obligations and required cooperation
9. Confidentiality: Protection and handling of confidential information
10. Data Protection: GDPR compliance and data handling procedures
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Termination: Conditions and procedures for ending the agreement
13. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Consumer Rights: Required when client is a consumer, including statutory rights and cooling-off period
2. Intellectual Property: Include when services involve creation or use of IP
3. Non-Competition: Include when protecting business interests from competitive activities
4. Force Majeure: Detailed force majeure provisions beyond standard terms
5. Insurance: Include when specific insurance requirements need to be detailed
6. International Services: Include for cross-border services, addressing applicable international laws
7. Regulatory Compliance: Include for regulated industries with specific compliance requirements
8. Sub-contractors: Include when service provider may use sub-contractors
9. Quality Standards: Include when specific service levels or standards need to be maintained
1. Schedule 1 - Service Specification: Detailed description of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and service level agreements if applicable
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Schedule 5 - Key Personnel: Details of key team members and their roles if applicable
6. Appendix A - Special Terms: Any special terms or conditions specific to the engagement
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