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Terms Of Service Agreement

Terms Of Service Agreement Template for Netherlands

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Key Requirements PROMPT example:

Terms Of Service Agreement

"I need a Terms of Service Agreement for my SaaS platform launching in March 2025, which will provide AI-powered analytics services to business clients across the EU, with specific attention to Dutch law compliance and GDPR requirements."

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Document background
The Terms of Service Agreement serves as the primary legal framework governing the relationship between service providers and their users in the Netherlands. This document is essential for any business offering services, particularly digital or online services, to Dutch and European users. The agreement must comply with Dutch Civil Code requirements, EU regulations including GDPR, and consumer protection laws. It should be used when launching new services, updating existing service terms, or establishing a business presence in the Netherlands. The Terms of Service Agreement typically covers service scope, user rights and obligations, data protection, payment terms, liability limitations, and dispute resolution, while ensuring transparency and fairness as required by Dutch law.
Suggested Sections

1. Parties: Identification of the service provider and definition of the user/customer

2. Background: Brief context about the services offered and purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Service Description: Detailed description of services provided, including scope and limitations

5. User Obligations: User responsibilities, acceptable use policies, and account requirements

6. Service Provider Obligations: Company's commitments, service levels, and support provisions

7. Registration and Account: Process for account creation, maintenance, and security requirements

8. Intellectual Property Rights: Ownership and usage rights of content, trademarks, and other IP

9. Privacy and Data Protection: GDPR compliance, data processing terms, and privacy policies

10. Payment Terms: Pricing, payment methods, billing cycles, and refund policies

11. Term and Termination: Duration, renewal, termination rights, and post-termination obligations

12. Liability and Disclaimers: Limitation of liability, warranties, and disclaimers

13. Dispute Resolution: Governing law, jurisdiction, and dispute resolution procedures

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Age Restrictions: Required when services have age limitations or are not suitable for minors

2. User Content: Needed when users can submit, share, or create content on the platform

3. API Terms: Required when providing API access to services

4. Marketplace Terms: Necessary for platforms facilitating transactions between users

5. Affiliate Program: Include when offering affiliate or referral programs

6. Beta Services: Required when offering beta or test features

7. Service Level Agreement: Needed for enterprise or premium services with specific performance guarantees

8. Export Control: Required for services with international usage restrictions

9. Insurance Requirements: Necessary for services involving physical risks or high-value transactions

Suggested Schedules

1. Privacy Policy: Detailed privacy and data protection practices

2. Acceptable Use Policy: Detailed rules and restrictions for service usage

3. Service Level Specifications: Technical details of service performance and availability

4. Fee Schedule: Detailed pricing information and payment terms

5. Data Processing Agreement: GDPR-compliant data processing terms and conditions

6. Security Policy: Technical and organizational security measures

7. Cookie Policy: Details about the use of cookies and similar technologies

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Service
Service Provider
User
User Account
User Content
Platform
Personal Data
Data Processing
Intellectual Property Rights
Confidential Information
Force Majeure
Effective Date
Term
Fees
Payment Terms
Service Level
Acceptable Use
Privacy Policy
Security Measures
Third Party
Affiliate
Authorized User
Business Day
Consumer
Data Subject
Documentation
Emergency Maintenance
Feedback
GDPR
Incident
Login Credentials
Malicious Code
Maintenance Window
Notice
Order Form
Party/Parties
Planned Maintenance
Professional Services
Registration Data
Scheduled Downtime
Service Credits
Service Level Agreement
Subscription
Support Services
System
Term
Territory
Updates
User Interface
Website
Clauses
Service Provision
Access Rights
Account Registration
Payment Terms
Service Level Requirements
Acceptable Use
User Obligations
Provider Obligations
Data Protection
Privacy
Intellectual Property
Confidentiality
Warranty
Liability Limitation
Indemnification
Force Majeure
Term and Duration
Termination
Suspension Rights
Usage Restrictions
Security Requirements
Support Services
Maintenance
User Content
License Grants
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Modification Rights
Notice Requirements
Severability
Entire Agreement
Survival
Third-Party Rights
Export Control
Anti-Corruption
Consumer Rights
Cooling-off Period
Documentation
API Usage
Service Credits
Compliance with Laws
Insurance
Audit Rights
Relevant Industries

Technology

E-commerce

Software as a Service

Digital Services

Online Platforms

Financial Services

Healthcare Technology

Educational Technology

Professional Services

Media and Entertainment

Telecommunications

Cloud Services

Mobile Applications

Internet Services

Consulting Services

Relevant Teams

Legal

Compliance

Product

Customer Success

Operations

Risk Management

Data Protection

Business Development

Information Technology

Customer Support

Relevant Roles

Legal Counsel

Privacy Officer

Compliance Manager

Product Manager

Business Development Manager

Chief Technology Officer

Chief Executive Officer

Customer Success Manager

Operations Director

Risk Manager

Data Protection Officer

General Counsel

Contract Manager

Chief Legal Officer

Digital Services Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): The fundamental law governing contracts in the Netherlands, including rules on contract formation, validity, and enforcement. Books 3, 6, and 7 are particularly relevant for terms of service.
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and privacy rights. Essential for any online service collecting user data in the EU/Netherlands.
Dutch Telecommunications Act (Telecommunicatiewet): Governs electronic communications, including rules about cookies and electronic marketing communications.
EU Consumer Rights Directive (implemented in Dutch law): Provides rules on consumer rights, including right of withdrawal, information requirements, and protection against unfair terms.
Services Act (Dienstenwet): Implementation of the EU Services Directive, covering requirements for service providers and their obligations towards customers.
Dutch Personal Data Protection Act (Uitvoeringswet AVG): National implementation law supplementing the GDPR with Netherlands-specific provisions.
EU E-Commerce Directive (implemented in Dutch Civil Code): Regulates electronic commerce, including requirements for online service providers and electronic contracts.
Unfair Contract Terms Directive (implemented in Dutch Civil Code): Protects consumers against unfair terms in standard contracts, particularly relevant for ToS agreements.
Alternative Dispute Resolution for Consumer Disputes Act: Provides framework for out-of-court dispute resolution between businesses and consumers.
Dutch Competition Act (Mededingingswet): Ensures fair competition and may affect certain terms in service agreements, especially for dominant market players.
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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