The Digital Agency Contract serves as a foundational agreement between digital service providers and their clients in the Netherlands. This document is essential when engaging a digital agency for services such as web development, digital marketing, UX/UI design, or ongoing digital maintenance and support. The contract incorporates key requirements from Dutch law, including provisions from the Dutch Civil Code (Burgerlijk Wetboek) and EU regulations such as GDPR. It's particularly relevant in today's digital economy where businesses increasingly rely on external digital expertise. The agreement covers crucial aspects such as scope of services, deliverables, intellectual property rights, data protection, service levels, and payment terms, while providing flexibility to accommodate specific project requirements and client needs. This contract type is designed to protect both the agency's and client's interests while ensuring clear communication and project governance throughout the engagement.
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1. Parties: Identification of the digital agency and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical and project-specific terminology
4. Scope of Services: Detailed description of digital services to be provided, including core deliverables and standard service offerings
5. Project Management and Delivery: Process for project execution, including timelines, milestones, and delivery procedures
6. Service Levels: Performance standards, response times, and quality metrics for the services
7. Client Obligations: Responsibilities and commitments required from the client, including provision of materials and approval processes
8. Fees and Payment: Pricing structure, payment terms, invoicing procedures, and handling of additional costs
9. Intellectual Property Rights: Ownership and licensing of created works, including transfer of rights and usage permissions
10. Data Protection and Privacy: GDPR compliance measures and data handling procedures
11. Confidentiality: Protection of confidential information and trade secrets for both parties
12. Term and Termination: Contract duration, renewal terms, and termination conditions
13. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions
14. Force Majeure: Handling of circumstances beyond reasonable control
15. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Change Management: Procedures for handling scope changes and additional requests, recommended for larger projects
2. Testing and Acceptance: Detailed procedures for testing deliverables and acceptance criteria, important for development projects
3. Service Credits: Financial compensation system for missed service levels, relevant for ongoing service contracts
4. Personnel and Subcontractors: Rules regarding use of subcontractors and key personnel, important for larger projects
5. Security Requirements: Specific security standards and protocols, necessary for projects involving sensitive data
6. Marketing and References: Terms for using the project as a reference and marketing material
7. Training and Support: Terms for providing training and ongoing support, relevant for complex implementations
8. Exit Management: Procedures for contract termination and transition, important for long-term relationships
1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and technical requirements
2. Schedule 2 - Service Levels: Detailed service level agreements including metrics and measurement methods
3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, payment milestones, and rate cards
4. Schedule 4 - Project Timeline: Detailed project plan with milestones and delivery dates
5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions
6. Appendix B - Technical Requirements: Detailed technical specifications and requirements
7. Appendix C - Contact Details: Key contacts and escalation procedures for both parties
8. Appendix D - Accepted Testing Procedures: Detailed testing and acceptance criteria for deliverables
Relevant legal definitions
Clauses
Relevant Industries
Technology
Marketing and Advertising
E-commerce
Media and Entertainment
Professional Services
Retail
Financial Services
Healthcare
Education
Manufacturing
Consumer Goods
Telecommunications
Relevant Teams
Legal
Operations
Digital
Marketing
Procurement
Information Technology
Commercial
Account Management
Compliance
Finance
Business Development
Project Management
Relevant Roles
Legal Counsel
Contract Manager
Digital Agency Director
Project Manager
Business Development Manager
Operations Director
Chief Digital Officer
Marketing Director
Procurement Manager
IT Director
Commercial Manager
Account Manager
Digital Strategy Director
Chief Technology Officer
Compliance Officer
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