Partnership Service Agreement Template for Netherlands

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Key Requirements PROMPT example:

Partnership Service Agreement

"I need a Partnership Service Agreement for an IT services partnership between my software development firm and a cloud infrastructure provider, starting March 2025, with specific provisions for data protection, service level agreements, and joint intellectual property ownership."

Document background
The Partnership Service Agreement is essential for professional service providers who wish to formalize their collaboration while maintaining a structured service delivery framework under Dutch law. This document type is particularly relevant when two or more parties intend to combine their expertise, resources, or market access to provide services to clients. The agreement needs to comply with Dutch partnership law (maatschap/vennootschap) requirements while incorporating service agreement elements (overeenkomst van opdracht). It typically includes detailed provisions on partnership governance, service delivery standards, profit sharing, liability allocation, and operational procedures. The document is crucial for establishing clear roles, responsibilities, and expectations among partners while providing a robust framework for client service delivery. It's particularly important in professional services sectors where joint expertise and shared resources create added value for clients.
Suggested Sections

1. Parties: Identification and details of all parties entering into the partnership service agreement

2. Background: Context of the agreement, including the purpose of the partnership and brief description of the services to be provided

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Partnership Structure: Details of the partnership arrangement, including roles, responsibilities, and governance structure

5. Services: Detailed description of the services to be provided under the agreement

6. Service Standards: Quality standards, performance metrics, and service levels to be maintained

7. Financial Arrangements: Payment terms, profit sharing, costs allocation, and financial management

8. Intellectual Property Rights: Ownership and usage rights of IP created during the partnership

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Data Protection: Compliance with GDPR/AVG and data handling requirements

11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

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

13. Post-Termination Obligations: Obligations and procedures following termination

14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when partners may have access to sensitive market information

2. Insurance: Insurance requirements, relevant when services involve significant risks or regulatory requirements

3. Force Majeure: Provisions for unforeseeable circumstances, particularly important for long-term partnerships

4. Personnel: Specific provisions regarding staff and contractors, needed when service delivery involves dedicated personnel

5. Quality Control: Detailed quality assurance procedures, important for regulated industries or complex services

6. Compliance: Specific regulatory compliance obligations, necessary for regulated sectors

7. Business Continuity: Disaster recovery and business continuity requirements, important for critical services

8. Environmental Requirements: Environmental obligations and standards, relevant for services with environmental impact

Suggested Schedules

1. Service Description Schedule: Detailed specifications of services to be provided

2. Fee Schedule: Detailed breakdown of fees, costs, and payment arrangements

3. Service Levels: Specific performance metrics and service level agreements

4. Governance Procedures: Detailed procedures for partnership management and decision-making

5. Key Personnel: List of key personnel and their roles in service delivery

6. Technical Requirements: Technical specifications and requirements for service delivery

7. GDPR/AVG Processing Agreement: Detailed data processing terms compliant with Dutch privacy law

8. Partnership Rules: Internal rules and procedures governing the partnership

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

Professional Services

Consulting

Information Technology

Legal Services

Financial Services

Healthcare Services

Engineering Services

Architecture

Business Advisory

Marketing and Communications

Environmental Services

Education and Training

Research and Development

Real Estate Services

Relevant Teams

Legal

Operations

Commercial

Business Development

Finance

Compliance

Risk Management

Professional Services

Business Affairs

Contract Management

Service Delivery

Partnership Management

Relevant Roles

Managing Partner

Legal Counsel

Contract Manager

Business Development Director

Operations Manager

Professional Services Director

Chief Executive Officer

Chief Financial Officer

Partnership Manager

Service Delivery Manager

Compliance Officer

Risk Manager

Professional Services Partner

Business Unit Director

Commercial Director

Industries
Dutch Civil Code (Burgerlijk Wetboek) Book 7: Contains provisions regarding service agreements (overeenkomst van opdracht) and specific types of services, including professional services and the general obligations of service providers
Dutch Civil Code Book 2: Governs legal entities and different forms of partnerships, including general partnerships (vennootschap onder firma) and professional partnerships (maatschap)
Dutch Commercial Code (Wetboek van Koophandel): Contains specific provisions regarding commercial partnerships and business relationships
Dutch Competition Act (Mededingingswet): Regulates competition and market behavior, including provisions that may affect partnership agreements and service delivery
General Data Protection Regulation (GDPR/AVG): EU regulation implemented in Dutch law governing data protection and privacy, relevant for data handling aspects of the service agreement
Dutch Tax Law (Wet op de inkomstenbelasting): Contains provisions regarding the tax treatment of partnerships and service agreements, including VAT considerations
Dutch Act on Services (Dienstenwet): Implements the EU Services Directive and provides framework for cross-border service provision within the EU
Dutch Working Conditions Act (Arbeidsomstandighedenwet): May be relevant for service agreements involving personnel or workplace safety considerations
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): Relevant for partnerships providing certain professional services, particularly in financial or advisory sectors
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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