This Consultant Services Master Agreement serves as the primary contractual framework for organizations engaging external consultants or consulting firms in the Netherlands. It is specifically designed to comply with Dutch legal requirements while providing a flexible structure for multiple service engagements. The agreement is particularly useful for long-term consulting relationships where specific services will be defined through individual service orders over time. It incorporates necessary provisions to ensure compliance with Dutch self-employment regulations (Wet DBA), data protection laws (GDPR and Dutch implementation), and tax requirements. The agreement carefully balances the need for comprehensive legal protection with practical commercial considerations, making it suitable for both routine consulting engagements and complex professional service relationships.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses
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: General framework for the services to be provided, including the process for engaging specific services
5. Service Orders: Process for requesting, approving, and executing specific service orders under the master agreement
6. Consultant Obligations: Key obligations and responsibilities of the consultant, including quality standards and professional conduct
7. Client Obligations: Client's responsibilities, including providing necessary information and access
8. Fees and Payment: Fee structure, payment terms, expenses, and invoicing procedures
9. Intellectual Property Rights: Ownership and transfer of IP rights in deliverables, pre-existing IP, and licensing provisions
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
14. Independent Contractor Status: Clear establishment of independent contractor relationship and compliance with Dutch self-employment regulations
15. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on competitive activities, used when consultant will have access to sensitive business information
2. Non-Solicitation: Restrictions on soliciting employees or clients, used to protect business relationships
3. Force Majeure: Provisions for handling unforeseen circumstances, particularly relevant in long-term or critical service arrangements
4. Audit Rights: Client's right to audit consultant's records, used in regulated industries or for critical services
5. Service Levels: Specific performance metrics and standards, used for technical or ongoing operational services
6. Business Continuity: Disaster recovery and business continuity requirements, used for critical service arrangements
7. Export Control: Compliance with export control regulations, used when services involve international data or technology transfer
8. Anti-Corruption: Compliance with anti-corruption laws, used in international arrangements or public sector work
9. Sustainability: Environmental and social responsibility requirements, used when aligned with client's corporate policies
1. Schedule A - Service Categories: Detailed description of the types of services available under the agreement
2. Schedule B - Rate Card: Standard rates for different service categories and consultant levels
3. Schedule C - Service Order Template: Standard template for individual service orders
4. Schedule D - Service Levels: Detailed service level requirements and measurement criteria
5. Schedule E - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule F - Security Requirements: Information security and data protection requirements
7. Schedule G - Key Personnel: Identification and qualifications of key consultant personnel
8. Appendix 1 - Insurance Requirements: Required insurance coverage and limits
9. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable
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