Developer Services Agreement Template for Netherlands

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Key Requirements PROMPT example:

Developer Services Agreement

"I need a Developer Services Agreement for hiring a team of freelance developers from January 2025 to create a mobile banking app, including strict data security provisions and source code escrow arrangements due to the financial nature of the project."

Document background
The Developer Services Agreement is essential for organizations engaging external software development resources in the Netherlands. This contract type is specifically designed to comply with Dutch legal requirements while establishing clear parameters for software development services. It's commonly used when companies need to formalize arrangements with external developers or development firms, whether for specific projects or ongoing development work. The agreement covers crucial elements including intellectual property rights, data protection under GDPR, service levels, and delivery specifications. It's particularly relevant in the Dutch market where there's a strong emphasis on clear contractual relationships and compliance with both local and EU regulations. The document is structured to protect both parties' interests while facilitating effective software development collaboration.
Suggested Sections

1. Parties: Identification of the service provider (developer) and the client, including full legal names and registered addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement, including technical and legal definitions

4. Scope of Services: Detailed description of the development services to be provided

5. Developer Obligations: Key responsibilities and commitments of the developer

6. Client Obligations: Client's responsibilities, including provision of information and materials

7. Term and Termination: Duration of the agreement and circumstances for termination

8. Fees and Payment: Payment terms, rates, and invoicing procedures

9. Intellectual Property Rights: Ownership and licensing of developed software and materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

12. Warranties and Indemnities: Developer's warranties regarding services and mutual indemnifications

13. Limitation of Liability: Caps on liability and exclusions

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Acceptance Testing: Procedures for testing and accepting deliverables - include for project-based development

2. Service Levels: Performance metrics and service level agreements - include for ongoing maintenance services

3. Change Control: Procedures for managing changes to scope or specifications - include for complex projects

4. Source Code Escrow: Source code deposit arrangements - include when client requires access to source code

5. Personnel: Requirements for specific developer personnel - include when key individuals are critical

6. Non-Solicitation: Restrictions on hiring each other's personnel - include when requested by either party

7. Insurance: Specific insurance requirements - include for high-value or high-risk projects

8. Disaster Recovery: Business continuity provisions - include for business-critical development

9. Third-Party Materials: Handling of third-party software and libraries - include when significant third-party components are used

Suggested Schedules

1. Schedule 1 - Services Description: Detailed technical specifications and scope of development work

2. Schedule 2 - Service Levels: Detailed performance metrics and measurement criteria

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details

5. Schedule 5 - Technical Requirements: Specific technical requirements and standards

6. Schedule 6 - Project Timeline: Development milestones and delivery schedule

7. Schedule 7 - Testing Procedures: Acceptance testing criteria and procedures

8. Appendix A - Contact Details: Key contacts and escalation procedures

9. Appendix B - Approved Subcontractors: List of approved third-party contractors if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Technology Services

Digital Services

E-commerce

Financial Technology

Healthcare Technology

Enterprise Software

Mobile Applications

Web Development

Gaming Industry

Telecommunications

Digital Media

Cloud Services

Relevant Teams

Legal

Procurement

Information Technology

Software Development

Engineering

Product Development

Operations

Project Management

Technical Architecture

Information Security

Compliance

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Project Manager

Software Development Manager

Legal Counsel

Procurement Manager

Technical Lead

Contract Manager

Software Developer

Development Team Lead

Solution Architect

Product Owner

IT Manager

Head of Engineering

Chief Information Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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