The IT Service Agreement is a fundamental contract used when establishing a professional relationship between an IT service provider and their client under Dutch jurisdiction. This agreement is essential when a business requires ongoing IT services, whether for software development, system maintenance, cloud services, or technical support. The document comprehensively covers service specifications, performance metrics, data protection obligations under GDPR, pricing structures, and risk allocation between parties. It's particularly crucial in the Netherlands where specific legal requirements under the Dutch Civil Code and telecommunications laws must be incorporated, especially regarding data protection, security standards, and service provider liability. The agreement serves as the primary reference point for managing the service relationship and resolving any disputes that may arise during the service period.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and brief description of parties' business relationship
3. Definitions: Defined terms used throughout the agreement
4. Services: Detailed description of IT services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Key responsibilities and commitments of the customer
7. Service Levels: Performance standards, metrics, and measurement methods
8. Charges and Payment: Pricing, payment terms, and invoicing procedures
9. Data Protection: GDPR compliance measures and data processing terms
10. Intellectual Property Rights: Ownership and usage rights of IP created or used in services
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnities: Limitation of liability and indemnification provisions
13. Term and Termination: Duration, renewal, and termination conditions
14. Force Majeure: Provisions for unforeseen circumstances and force majeure events
15. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. Security Requirements: Detailed security obligations when handling sensitive data or systems
2. Change Control: Procedures for managing changes to services or specifications
3. Disaster Recovery: Business continuity and disaster recovery procedures for critical services
4. Staff and Key Personnel: Requirements for service provider personnel when specific staff commitments are needed
5. Transition and Exit: Detailed exit management procedures for complex service arrangements
6. Compliance and Audit: Specific compliance requirements and audit rights for regulated services
7. Sub-contractors: Terms governing the use and management of sub-contractors
8. Insurance: Specific insurance requirements for high-risk services
1. Service Description: Detailed technical specifications of services
2. Service Levels and KPIs: Detailed service level agreements, metrics, and measurement methods
3. Charges: Detailed pricing structure, rates, and payment terms
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Security Requirements: Detailed security protocols and requirements
6. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
7. Change Control Procedure: Detailed process for managing changes
8. Contact Details and Escalation: Key contacts and escalation procedures
9. Exit Plan: Detailed transition out procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Telecommunications
Education
Government
E-commerce
Media and Entertainment
Insurance
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Operations
Risk and Compliance
Information Security
Vendor Management
Service Delivery
Project Management
Data Protection
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
IT Service Manager
Contract Manager
Data Protection Officer
Chief Technology Officer
Operations Director
IT Project Manager
Risk Manager
Compliance Officer
Chief Information Security Officer
Vendor Manager
Service Delivery Manager
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