The Master Supplier Services Agreement serves as the primary contractual framework for businesses requiring a structured approach to managing ongoing supplier relationships under Dutch law. This document is particularly useful when a company anticipates multiple service engagements with the same supplier over time, as it eliminates the need to negotiate basic terms for each individual service. The agreement incorporates essential elements required by Dutch civil law and EU regulations, including GDPR compliance, while providing flexibility to accommodate various service types through purchase orders or statements of work. It is designed to protect both parties' interests while facilitating efficient business operations, making it suitable for both straightforward service arrangements and complex, multi-faceted supplier relationships. The document includes comprehensive provisions for service delivery, performance standards, risk allocation, and dispute resolution, all aligned with Dutch legal requirements and commercial practices.
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1. Parties: Identification and details of the contracting parties, including registration numbers and authorized representatives
2. Background: Context of the agreement, relationship between parties, and general purpose of the framework
3. Definitions: Defined terms used throughout the agreement, ensuring consistent interpretation
4. Scope of Agreement: Framework terms, relationship structure, and process for adding specific services
5. Ordering Process: Procedures for requesting services, issuing purchase orders, and acceptance process
6. Supplier Obligations: Core responsibilities, service standards, and compliance requirements
7. Customer Obligations: Customer's responsibilities, including cooperation and access requirements
8. Fees and Payment: Pricing structure, payment terms, invoicing requirements, and late payment consequences
9. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
10. Confidentiality: Protection of confidential information, permitted uses, and disclosure obligations
11. Data Protection: GDPR compliance, data processing obligations, and security requirements
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. Term and Termination: Duration, renewal provisions, termination rights, and consequences of termination
14. Force Majeure: Events excusing performance and related procedures
15. General Provisions: Standard clauses including notices, assignment, amendments, and governing law
1. Service Levels: Detailed service level requirements and remedies - include when specific performance metrics are crucial
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
3. Staff and Key Personnel: Requirements for supplier personnel - include when specific expertise or security clearance is needed
4. Audit Rights: Customer's audit and inspection rights - include for regulated industries or critical suppliers
5. Compliance with Laws: Specific regulatory compliance obligations - include when operating in regulated sectors
6. Security Requirements: Detailed security protocols - include when handling sensitive data or systems
7. Change Control: Process for managing changes to services - include for complex or long-term arrangements
8. Exit Management: Detailed transition provisions - include for complex services or critical suppliers
9. Anti-Bribery and Corruption: Specific anti-corruption provisions - include for international arrangements or public sector contracts
10. Environmental Requirements: Environmental standards and compliance - include when environmental impact is relevant
1. Schedule 1 - Services Description: Detailed description of available services and technical requirements
2. Schedule 2 - Pricing and Payment Terms: Detailed pricing structure, rates, and specific payment arrangements
3. Schedule 3 - Service Levels: Detailed service level agreements, KPIs, and measurement methods
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and security requirements
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors and their roles
6. Schedule 6 - Contact Details: Key contacts and escalation procedures
7. Schedule 7 - Form of Purchase Order: Template for individual service orders under the master agreement
8. Schedule 8 - Technical Requirements: Detailed technical specifications and standards
9. Schedule 9 - Business Continuity Plan: Disaster recovery and business continuity procedures
10. Schedule 10 - Exit Plan: Detailed transition and termination assistance procedures
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