The Indemnity Service Agreement is essential for business relationships where one party provides services while assuming specific indemnification obligations under Belgian law. This document is typically used when services involve significant operational risks, potential third-party claims, or complex liability scenarios that require clear risk allocation. It combines standard service agreement provisions with robust indemnification clauses, ensuring compliance with Belgian Civil Code requirements and commercial practices. The agreement is particularly relevant for cross-border transactions involving Belgian entities or services performed in Belgium, and includes necessary provisions for insurance coverage, liability caps, and risk management procedures. It serves as a comprehensive framework for protecting both service providers and recipients while maintaining clear accountability and risk transfer mechanisms.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Service Standards: Quality standards and performance metrics for the services
6. Indemnification Obligations: Core indemnification provisions, triggers, and scope
7. Limitations of Liability: Caps, exclusions, and limitations on liability
8. Payment Terms: Fees, payment schedule, and invoicing procedures
9. Term and Termination: Duration of agreement and termination provisions
10. Insurance Requirements: Required insurance coverage and minimum limits
11. Confidentiality: Protection of confidential information
12. Governing Law and Jurisdiction: Belgian law application and dispute resolution
13. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Intellectual Property Rights: Required when services involve creation or use of intellectual property
2. Data Protection: Required when services involve processing personal data under GDPR
3. Service Levels: Include when specific performance metrics and remedies are needed
4. Compliance with Laws: Include when services are in regulated industries
5. Subcontracting: Include when service provider may need to subcontract services
6. Non-Competition: Include when protecting against competitive activities is necessary
7. Change Control: Include when service scope may need modification during the term
8. Business Continuity: Include for critical services requiring disaster recovery planning
1. Schedule 1 - Service Description: Detailed technical specifications of services
2. Schedule 2 - Service Levels: Specific performance metrics and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and rate cards
4. Schedule 4 - Insurance Requirements: Specific insurance types, coverage limits, and certificates
5. Schedule 5 - Key Personnel: List of key service provider personnel and qualifications
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if applicable
7. Appendix B - Security Requirements: IT and physical security requirements for service delivery
8. Appendix C - Form of Reports: Templates for required service performance reports
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