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Managed Services Contract

Managed Services Contract Template for Belgium

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Key Requirements PROMPT example:

Managed Services Contract

"I need a Managed Services Contract under Belgian law for IT infrastructure services, including cloud hosting and 24/7 support, with strict data protection requirements and service credits regime, planned to commence March 1, 2025."

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Document background
This Managed Services Contract template is designed for use in Belgium when organizations seek to outsource significant operational functions to external service providers. It incorporates requirements specific to Belgian law and EU regulations, making it suitable for both domestic and cross-border service arrangements. The contract addresses key aspects including service delivery, performance measurement, data protection (GDPR compliance), risk allocation, and exit management. It is particularly relevant when establishing long-term service relationships requiring detailed service levels, regular performance monitoring, and clear accountability frameworks. The document structure reflects Belgian commercial practices while ensuring compliance with both local and EU-wide regulatory requirements, making it suitable for various scales of managed services arrangements, from IT services to facilities management.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and high-level business objectives

3. Definitions and Interpretation: Defined terms and rules of interpretation

4. Services Scope: Overview of services to be provided and service boundaries

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

6. Customer Obligations: Key responsibilities and commitments of the customer

7. Service Levels: Performance standards and measurement criteria

8. Charges and Payment: Pricing, payment terms, and invoicing procedures

9. Personnel and Resources: Requirements for staff, equipment, and resources

10. Data Protection and Security: GDPR compliance and security requirements

11. Intellectual Property Rights: Ownership and usage rights of IP

12. Confidentiality: Protection of confidential information

13. Liability and Insurance: Limitation of liability and insurance requirements

14. Term and Termination: Duration, renewal, and termination provisions

15. Exit Management: Procedures for contract end and service transition

16. Force Majeure: Handling of events beyond parties' control

17. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Change Control: Procedures for managing changes to services or contract terms - include when services are likely to evolve

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

3. Compliance with Customer Policies: Adherence to customer's internal policies - include for highly regulated customers

4. Third Party Rights: Rights of third parties under the contract - include when third party beneficiaries are relevant

5. Staff Transfer Provisions: TUPE/transfer of employment provisions - include when staff transfers are involved

6. Parent Company Guarantee: Additional financial security provisions - include when service provider's financial strength is a concern

7. Anti-Bribery and Corruption: Specific anti-corruption provisions - include for international services or public sector customers

8. Environmental Requirements: Environmental standards and commitments - include when environmental impact is significant

Suggested Schedules

1. Service Description: Detailed specification of services to be provided

2. Service Levels and Service Credits: Detailed performance metrics and related credits/penalties

3. Charges: Detailed pricing, payment structure, and rate cards

4. Customer Dependencies: Detailed customer responsibilities and requirements

5. Security Requirements: Detailed security protocols and standards

6. Business Continuity Plan: Detailed disaster recovery and continuity procedures

7. Exit Plan: Detailed transition out procedures and requirements

8. Approved Sub-contractors: List of approved sub-contractors and their roles

9. Data Processing Agreement: GDPR-compliant data processing terms

10. Key Personnel: Details of key staff and roles

11. Change Control Procedures: Detailed process for managing changes

12. Service Reports: Templates and requirements for service reporting

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
Acceptance
Acceptance Criteria
Affiliate
Agreement
Applicable Law
Business Day
Business Hours
Change
Change Control Procedure
Charges
Commencement Date
Confidential Information
Contract Year
Control
Customer
Customer Data
Customer Dependencies
Customer Equipment
Customer Policies
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Documentation
Effective Date
Emergency Maintenance
Exit Plan
Force Majeure Event
Good Industry Practice
Group
Intellectual Property Rights
Key Personnel
Maintenance Window
Material Breach
Milestone
Normal Business Hours
Notice
Parent Company
Personal Data
Personnel
Planned Maintenance
Project
Related Agreement
Representatives
Review Meeting
Service Credits
Service Failure
Service Hours
Service Levels
Services
Service Provider
Service Provider Equipment
Service Reports
Sites
Software
Specifications
Sub-contractor
Term
Termination Date
Third Party
Transition Period
Transition Plan
Working Day
Work Order
Clauses
Service Provision
Service Levels
Performance Monitoring
Payment
Invoicing
Price Review
Data Protection
Confidentiality
Intellectual Property
Personnel
Sub-contracting
Customer Obligations
Provider Obligations
Change Control
Audit Rights
Compliance
Security
Business Continuity
Force Majeure
Insurance
Liability
Indemnification
Warranties
Term
Termination
Suspension
Exit Management
Dispute Resolution
Assignment
Non-solicitation
Notice
Severability
Entire Agreement
Amendments
Governing Law
Jurisdiction
Third Party Rights
Anti-corruption
Competition
Record Keeping
Reporting
Service Credits
Relationship Management
Escalation
Staff Transfer
Asset Transfer
Technology Transfer
Transition Services
Emergency Response
Quality Management
Environmental Compliance
Relevant Industries

Information Technology

Telecommunications

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Energy and Utilities

Public Sector

Education

Transportation and Logistics

Real Estate and Facilities Management

Relevant Teams

Legal

Procurement

Information Technology

Operations

Risk and Compliance

Finance

Information Security

Service Delivery

Vendor Management

Commercial

Data Protection

Relevant Roles

Chief Information Officer

Chief Technology Officer

Procurement Manager

Legal Counsel

Commercial Director

Operations Director

Service Delivery Manager

Contract Manager

Risk Manager

Compliance Officer

IT Director

Facilities Manager

Vendor Manager

Technology Procurement Specialist

Data Protection Officer

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental contract law principles, including formation, validity, performance, and termination of contracts
Book XII of the Belgian Code of Economic Law: Regulations concerning electronic commerce and services, including provisions about information society services
EU General Data Protection Regulation (GDPR) and Belgian Data Protection Act: Legal framework for personal data processing, mandatory for services involving data handling
Belgian Act on Electronic Communications: Regulations governing electronic communications services and networks
Belgian Employment Contracts Act: Regulations concerning employment relationships, relevant for staff transfers or dedicated service personnel
Book XI of the Belgian Code of Economic Law: Intellectual property rights protection, crucial for software and technology services
Book VI of the Belgian Code of Economic Law: Market practices and consumer protection regulations
Belgian Competition Act: Rules on fair competition and anti-competitive practices
Belgian Tax Code: VAT and other tax considerations for service provision
Book XVII of the Belgian Code of Economic Law: Special procedures for legal proceedings related to commercial matters
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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