Master Service Agreement Template for Belgium

A comprehensive framework agreement governed by Belgian law that establishes the general terms and conditions under which a service provider will deliver specified services to a customer. This document incorporates Belgian Civil Code requirements and EU regulations, particularly focusing on service delivery standards, data protection compliance, and commercial terms. It serves as an umbrella agreement under which specific services can be commissioned through separate work orders or statements of work, while maintaining consistent general terms that comply with Belgian commercial law and business practices.

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What is a Master Service Agreement?

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.

What sections should be included in a Master Service Agreement?

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

What sections are optional to include in a Master Service Agreement?

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

What schedules should be included in a Master Service Agreement?

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

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

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use

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