Business Service Agreement Template for Belgium

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Key Requirements PROMPT example:

Business Service Agreement

"I need a Business Service Agreement for providing IT maintenance and support services to a Belgian manufacturing company, starting March 2025, with specific emphasis on data security and service level agreements for 24/7 support."

Document background
The Business Service Agreement serves as a fundamental legal instrument for establishing professional service relationships in the Belgian business environment. It is particularly relevant when companies need to formalize the provision of ongoing business services, whether in consulting, technical support, maintenance, or other professional services. This document type is structured to comply with Belgian civil and commercial law requirements while incorporating necessary EU regulations, particularly GDPR for data protection. The agreement typically includes detailed service specifications, performance metrics, payment terms, and compliance requirements. It's designed to protect both service providers and clients operating under Belgian jurisdiction, providing clear guidelines for service delivery, quality standards, and dispute resolution. The Business Service Agreement is essential for businesses operating in Belgium's sophisticated service economy, whether as local entities or as part of international operations.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the agreement

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

4. Scope of Services: Detailed description of the services to be provided, including any service levels and performance standards

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate

6. Fees and Payment Terms: Pricing structure, payment schedule, invoicing procedures, and late payment consequences

7. Service Provider Obligations: Key responsibilities and commitments of the service provider

8. Client Obligations: Key responsibilities and commitments of the client

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

13. Force Majeure: Circumstances excusing performance and related procedures

14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

15. General Provisions: Standard clauses including notices, assignment, entire agreement, and severability

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Change Control: Procedures for requesting and implementing changes to services - include when services are likely to evolve

2. Service Credits: Financial remedies for service level failures - include for critical service agreements

3. Transition Services: Procedures for service initiation and termination transitions - include for complex service arrangements

4. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

5. Anti-Corruption: Anti-bribery and corruption provisions - include when dealing with public sector or regulated industries

6. Subcontracting: Rights and restrictions regarding subcontracting - include when subcontracting is likely

7. Non-Solicitation: Restrictions on hiring each other's personnel - include when there's significant staff interaction

8. Environmental Compliance: Environmental standards and commitments - include for services with environmental impact

9. Export Control: Export control compliance - include for international service provision

10. Insurance: Specific insurance requirements - include for high-risk services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical and operational specifications of the services

2. Schedule 2 - Service Levels: Specific performance metrics, measurement methods, and reporting requirements

3. Schedule 3 - Charges: Detailed pricing, payment terms, and any rate cards

4. Schedule 4 - Key Personnel: Identification of key staff and their roles

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

6. Schedule 6 - Security Requirements: IT and physical security requirements and procedures

7. Schedule 7 - Business Continuity Plan: Detailed business continuity and disaster recovery procedures

8. Schedule 8 - Form of Change Order: Template for documenting agreed changes to services

9. Appendix A - Contact Details: Key contact information for both parties

10. Appendix B - Required Insurance Coverage: Detailed insurance requirements and minimum coverage levels

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

Professional Services

Management Consulting

Financial Services

Healthcare

Manufacturing

Logistics

Energy

Telecommunications

Real Estate

Legal Services

Marketing and Advertising

Engineering

Research and Development

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Business Development

Commercial

Project Management

Account Management

Service Delivery

Contract Administration

Quality Assurance

Information Technology

Human Resources

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Contract Manager

Business Development Director

Operations Manager

Project Manager

Account Manager

Risk Manager

Compliance Officer

Commercial Director

Service Delivery Manager

Department Head

Finance Director

General Counsel

Managing Director

Business Unit Leader

Vendor Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental law governing contracts, obligations, and civil matters in Belgium. Contains essential provisions about contract formation, validity, and enforcement.
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Comprehensive legislation governing business practices, commercial transactions, and enterprise operations in Belgium.
EU General Data Protection Regulation (GDPR): European regulation implemented in Belgian law concerning data protection and privacy, crucial for any business service agreement involving personal data processing.
Belgian Company Code (Code des sociétés et des associations/Wetboek van vennootschappen en verenigingen): Regulates company operations and corporate relationships, relevant for establishing the legal framework of the business relationship.
Belgian Act on Market Practices and Consumer Protection: Regulates commercial practices and provides consumer protection measures, applicable even in B2B contexts for certain provisions.
Belgian Electronic Commerce Law: Governs electronic transactions and digital service provision, particularly relevant if services are provided electronically.
Belgian Employment Law: May be relevant if the service agreement involves personnel or could be interpreted as creating an employment relationship.
EU Service Directive (2006/123/EC) as implemented in Belgian law: Regulates the provision of services within the EU internal market, ensuring freedom to provide services across the EU.
Belgian Anti-Money Laundering Law: Relevant for compliance requirements in business relationships, especially in financial or regulated services.
Belgian Tax Code: Contains provisions regarding VAT and other tax obligations related to service provision and business transactions.
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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