Click Wrap Agreements are essential legal documents for businesses operating digital platforms or providing online services in Belgium. This type of agreement is specifically designed for electronic acceptance, where users demonstrate their consent by clicking an acceptance button or checking a box. The document must comply with Belgian law, including the Law on Electronic Commerce of March 11, 2003, and relevant EU regulations such as the eCommerce Directive and GDPR. Click Wrap Agreements are particularly crucial for online businesses as they provide a legally enforceable method of obtaining user consent to terms and conditions, privacy policies, and data processing practices. The agreement should be used whenever a business offers digital services, software, or online platforms to users in Belgium, ensuring transparent and legally compliant terms of service.
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1. Parties: Identification of the service provider/company with full legal details as required by Belgian law, including company registration number, registered address, and VAT number
2. Background: Context of the agreement and description of the service/product being offered
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Acceptance of Terms: Clear explanation of how users accept the terms and what constitutes acceptance
5. Service Description: Detailed description of services or products covered by the agreement
6. User Obligations: User responsibilities and acceptable use conditions
7. Privacy and Data Processing: GDPR-compliant privacy terms and data processing information
8. Intellectual Property Rights: IP ownership and usage rights
9. Payment Terms: Pricing, payment methods, and billing terms if applicable
10. Term and Termination: Duration of agreement and termination conditions
11. Limitation of Liability: Liability limitations in compliance with Belgian law
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction
1. Age Restrictions: Required if the service has age limitations or is not intended for minors
2. Subscription Terms: Include if the service involves recurring subscriptions
3. User Content: Required if users can upload or create content on the platform
4. Third-Party Services: Include if the service integrates with third-party providers
5. Community Guidelines: Include if the service has a social or community component
6. Warranty Disclaimers: Include for software or digital products
7. Export Controls: Required if the service is available internationally
8. Professional Services: Include if offering additional professional or consulting services
1. Privacy Policy: Detailed GDPR-compliant privacy policy as required by Belgian law
2. Cookie Policy: Detailed policy regarding the use of cookies and similar technologies
3. Acceptable Use Policy: Detailed rules and restrictions for service usage
4. Service Level Agreement: Technical specifications and service level commitments if applicable
5. Pricing Schedule: Detailed pricing information if multiple tiers or complex pricing exists
6. Data Processing Agreement: Required under GDPR if processing personal data on behalf of users
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