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Customer Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the terms and conditions between a business and its customers. This document ensures compliance with both Dutch Civil Code requirements and European Union consumer protection regulations, particularly the EU Consumer Rights Directive and GDPR. It outlines the rights and obligations of both parties, including service delivery, payment terms, data protection measures, and dispute resolution procedures, while incorporating mandatory consumer protection provisions required under Dutch law.

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What is a Customer Agreement?

The Customer Agreement serves as the primary legal framework governing the relationship between businesses and their customers in the Netherlands. This document is essential for any business providing goods or services to consumers in the Dutch market, ensuring compliance with both the Dutch Civil Code and European Union consumer protection regulations. It should be used when establishing new customer relationships or updating existing terms to reflect current legal requirements. The agreement typically includes detailed provisions on service delivery, payment terms, customer rights (including statutory cooling-off periods), data protection compliance, and dispute resolution mechanisms. Special attention is given to ensuring transparency and fairness in line with Dutch consumer protection laws, while also incorporating necessary GDPR compliance measures for personal data handling.

What sections should be included in a Customer Agreement?

1. Parties: Identification of the business and customer, including full legal names and addresses

2. Background: Brief context of the agreement and its purpose

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

4. Services: Detailed description of the services or products being provided

5. Duration and Commencement: Term of the agreement and when it becomes effective

6. Payment Terms: Pricing, payment methods, timing, and billing procedures

7. Customer Obligations: Customer's responsibilities and commitments under the agreement

8. Provider Obligations: Provider's commitments, service levels, and quality standards

9. Data Protection: GDPR compliance measures and data handling procedures

10. Intellectual Property: Ownership and usage rights of any intellectual property

11. Liability and Indemnification: Limitations of liability and indemnification provisions compliant with Dutch law

12. Termination: Conditions for ending the agreement and consequences of termination

13. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction

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

What sections are optional to include in a Customer Agreement?

1. Service Level Agreement: Detailed service performance metrics and standards, used when providing technical or ongoing services

2. Warranty: Product or service warranty terms, included when selling physical products

3. Installation and Implementation: Procedures for setup and deployment, relevant for technical products or services

4. Training and Support: Details of customer training and ongoing support, included for complex products or services

5. Insurance: Insurance requirements and coverage details, relevant for high-risk services or products

6. Confidentiality: Detailed confidentiality obligations, included when sharing sensitive business information

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term service agreements

8. Assignment: Rules about transferring rights under the agreement, relevant for larger commercial relationships

What schedules should be included in a Customer Agreement?

1. Service Specification: Detailed technical specifications of services or products

2. Price List: Detailed pricing information, including any tiered pricing or optional extras

3. Service Levels: Specific performance metrics and service level commitments

4. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

5. Acceptable Use Policy: Rules and guidelines for proper use of services or products

6. Support Services Description: Details of support services, including contact methods and response times

7. Change Control Procedure: Process for managing changes to services or agreement terms

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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