The Sales Service Agreement is a crucial commercial contract used when a business provides both sales-related services and operational services to another organization. This document type is particularly relevant under Dutch law, where it must comply with the Dutch Civil Code (Burgerlijk Wetboek) and related EU regulations. It is commonly used in situations where there's an ongoing service relationship combined with sales activities, such as managed services with equipment sales, software licensing with implementation services, or consulting services with related product sales. The agreement typically includes comprehensive terms covering service levels, performance criteria, pricing mechanisms, delivery terms, and risk allocation. This document type is essential for businesses operating in the Netherlands or choosing Dutch law as their governing law, as it incorporates specific Dutch legal requirements while maintaining the flexibility to address various commercial arrangements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided
5. Service Levels: Performance standards and metrics for service delivery
6. Pricing and Payment Terms: Fees, payment schedule, invoicing, and payment methods
7. Term and Termination: Duration of the agreement and termination provisions
8. Obligations of Service Provider: Key responsibilities and commitments of the service provider
9. Obligations of Customer: Key responsibilities and commitments of the customer
10. Intellectual Property Rights: Ownership and usage rights of IP involved in the services
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
15. General Provisions: Miscellaneous legal provisions including notices, amendments, and assignment
1. Data Protection: Required when personal data processing is involved, covering GDPR compliance
2. Insurance: Include when specific insurance requirements need to be maintained
3. Non-Competition: Include when restrictions on competitive activities are necessary
4. Personnel: Include when specific requirements for service provider's personnel need to be defined
5. Warranties: Include when specific warranties beyond statutory requirements are needed
6. Change Control: Include for complex services requiring formal change management procedures
7. Business Continuity: Include when service continuity is critical to the customer
8. Exit Assistance: Include when transition assistance upon termination is required
1. Service Description Schedule: Detailed technical specifications of services to be provided
2. Service Level Agreement: Detailed service levels, KPIs, and measurement methods
3. Pricing Schedule: Detailed breakdown of fees, rates, and pricing mechanisms
4. Personal Data Processing Agreement: Required under GDPR if personal data is processed
5. Contact Details: Key contacts and escalation procedures
6. Acceptance Criteria: Specific criteria for accepting deliverables or services
7. Implementation Plan: Timeline and milestones for service implementation
8. Standard Terms and Conditions: General terms and conditions if referenced in the main agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Consulting
Manufacturing
Retail
Distribution
Telecommunications
Financial Services
Healthcare
Software and Technology
Industrial Services
Business Process Outsourcing
Logistics and Supply Chain
Relevant Teams
Legal
Sales
Commercial
Operations
Procurement
Business Development
Contract Management
Risk Management
Service Delivery
Account Management
Relevant Roles
Commercial Director
Head of Sales
Legal Counsel
Contract Manager
Business Development Manager
Account Executive
Service Delivery Manager
Operations Director
Procurement Manager
Sales Operations Manager
General Counsel
Chief Commercial Officer
Business Unit Director
Vendor Manager
Risk Manager
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