The Master Service Agreement is designed for business relationships where a service provider will provide ongoing services to a customer under Belgian law. It establishes the fundamental legal and commercial framework for the service relationship, including key terms such as service standards, payment terms, liability provisions, and regulatory compliance requirements. This agreement is particularly suitable for long-term service arrangements where specific services will be detailed in subsequent work orders or statements of work. The document incorporates Belgian legal requirements and EU regulations, particularly regarding commercial contracts, data protection, and business practices. It serves as the primary agreement governing the overall relationship between the parties, while allowing flexibility for specific service arrangements to be agreed upon separately.
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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: General framework for services to be provided under the agreement
5. Service Standards: Quality standards, KPIs, and service levels required
6. Term and Renewal: Duration of the agreement and renewal provisions
7. Charges and Payment: Pricing structure, payment terms, and invoicing requirements
8. Obligations of Service Provider: Key responsibilities and commitments of the service provider
9. Customer Obligations: Key responsibilities and commitments of the customer
10. Personnel: Requirements for staff delivering services and key personnel provisions
11. Intellectual Property Rights: Ownership and usage rights of IP created or used in services
12. Confidentiality: Protection and handling of confidential information
13. Data Protection: GDPR compliance and data handling requirements
14. Liability and Indemnification: Limitation of liability and indemnification provisions
15. Insurance: Required insurance coverage and minimum limits
16. Termination: Grounds for termination and termination process
17. Consequences of Termination: Post-termination obligations and transition arrangements
18. Force Majeure: Handling of events beyond parties' reasonable control
19. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
20. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction provisions
1. Change Control: Procedures for managing changes to services or agreement terms, recommended for complex service relationships
2. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
3. Audit Rights: Customer's rights to audit service provider's compliance, relevant for regulated industries or critical services
4. Security Requirements: Specific security measures and compliance, essential for services involving sensitive data or systems
5. Environmental Compliance: Environmental standards and requirements, relevant for services with environmental impact
6. Anti-Corruption: Anti-bribery and corruption provisions, important for international services or public sector contracts
7. Subcontracting: Rules and permissions for subcontracting services, needed if subcontracting is contemplated
8. Service Credits: Financial consequences of service level failures, useful for critical service levels
9. Step-In Rights: Customer's right to take over services in specific circumstances, important for essential services
10. Export Control: Export control compliance, necessary for international services or technology transfer
1. Schedule 1 - Services Description: Detailed description of services to be provided
2. Schedule 2 - Service Levels: Specific service levels, KPIs, and measurement methodology
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment terms
4. Schedule 4 - Customer Dependencies: Detailed customer obligations and requirements
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Security Requirements: Detailed security protocols and requirements
7. Schedule 7 - Business Continuity Plan: Detailed business continuity and disaster recovery procedures
8. Schedule 8 - Transition Plan: Implementation and service transition requirements
9. Schedule 9 - Exit Plan: Termination assistance and service transfer requirements
10. Schedule 10 - Approved Subcontractors: List of approved subcontractors and their roles
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Authorized Representative
Background IP
Business Day
Charges
Confidential Information
Customer
Customer Data
Customer Dependencies
Customer Materials
Data Protection Laws
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Group
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Personal Data
Personnel
Project
Renewal Term
Schedule
Service Credits
Service Levels
Services
Service Provider
Statement of Work
Subcontractor
Term
Third Party
VAT
Work Order
Working Hours
Agreement
Applicable Law
Authorized Representative
Background IP
Business Day
Charges
Confidential Information
Customer
Customer Data
Customer Dependencies
Customer Materials
Data Protection Laws
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Group
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Personal Data
Personnel
Project
Renewal Term
Schedule
Service Credits
Service Levels
Services
Service Provider
Statement of Work
Subcontractor
Term
Third Party
VAT
Work Order
Working Hours
Clauses
Interpretation and Definitions
Services Provision
Service Levels
Term and Duration
Payment and Invoicing
Taxes
Performance Standards
Customer Obligations
Service Provider Obligations
Personnel
Key Personnel
Subcontracting
Intellectual Property Rights
Data Protection
Confidentiality
Security
Audit Rights
Warranties
Indemnification
Liability
Insurance
Force Majeure
Change Control
Dispute Resolution
Termination
Exit Management
Assignment and Transfer
Non-Solicitation
Anti-Corruption
Notices
Amendments
Severability
Entire Agreement
Waiver
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Services Provision
Service Levels
Term and Duration
Payment and Invoicing
Taxes
Performance Standards
Customer Obligations
Service Provider Obligations
Personnel
Key Personnel
Subcontracting
Intellectual Property Rights
Data Protection
Confidentiality
Security
Audit Rights
Warranties
Indemnification
Liability
Insurance
Force Majeure
Change Control
Dispute Resolution
Termination
Exit Management
Assignment and Transfer
Non-Solicitation
Anti-Corruption
Notices
Amendments
Severability
Entire Agreement
Waiver
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Relevant Industries
Information Technology
Professional Services
Manufacturing
Healthcare
Financial Services
Telecommunications
Logistics and Supply Chain
Construction and Engineering
Energy and Utilities
Business Process Outsourcing
Consulting Services
Facilities Management
Research and Development
Environmental Services
Relevant Teams
Legal
Procurement
Finance
Operations
Commercial
Risk and Compliance
Information Technology
Information Security
Business Development
Account Management
Service Delivery
Project Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Chief Financial Officer
Operations Director
Project Manager
Account Manager
Risk Manager
Compliance Officer
Service Delivery Manager
Chief Operating Officer
Business Development Manager
Chief Technology Officer
Chief Information Security Officer
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