Master Software As A Service Agreement Template for Belgium

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Key Requirements PROMPT example:

Master Software As A Service Agreement

"I need a Master Software As A Service Agreement for a Belgian healthcare technology provider offering patient management software to hospitals, with strict data protection requirements and 24/7 availability commitments."

Document background
This Master Software As A Service Agreement template is designed for use in the Belgian market, incorporating both Belgian law requirements and European Union regulations. It serves as the primary contractual framework between SaaS providers and their customers, establishing comprehensive terms for cloud-based software service delivery, usage rights, and operational requirements. The agreement addresses critical aspects such as data protection under GDPR, service level commitments, security requirements, and risk allocation, while ensuring compliance with Belgian civil law and EU digital service regulations. This master agreement format allows for scalability through separate order forms or statements of work, making it suitable for both single-service and multi-service relationships. It includes specific provisions required under Belgian law regarding B2B fairness, electronic contracting, and data processing, while maintaining flexibility for various SaaS deployment models.
Suggested Sections

1. Parties: Identification of contracting parties with full legal details

2. Background: Context of the agreement and business relationship

3. Definitions: Defined terms used throughout the agreement

4. Service Provision: Core obligations regarding the provision of SaaS services

5. Access and Use Rights: License terms and conditions for accessing and using the software

6. Service Levels: Performance standards, availability commitments, and remedies

7. Customer Obligations: Customer responsibilities and usage restrictions

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

9. Data Protection: GDPR compliance and data processing obligations

10. Security Requirements: Information security standards and protocols

11. Intellectual Property Rights: IP ownership, licenses, and restrictions

12. Confidentiality: Protection of confidential information

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

14. Liability and Indemnification: Risk allocation and liability limitations

15. Force Majeure: Circumstances excusing performance

16. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Professional Services: Additional implementation or consulting services, if provided

2. Transition Services: Services for implementation and onboarding, if separately regulated

3. Disaster Recovery: Detailed disaster recovery obligations, if not covered in schedules

4. Insurance: Specific insurance requirements, if needed beyond general provisions

5. Audit Rights: Customer audit provisions, if required

6. Change Management: Procedures for service modifications, if not in schedules

7. Third-Party Integrations: Terms governing integration with other services, if applicable

8. Export Control: Export compliance provisions, if international data transfers involved

Suggested Schedules

1. Service Description: Detailed description of SaaS services and functionality

2. Service Level Agreement: Detailed performance metrics, measurement, and remedies

3. Security Requirements: Detailed security standards, certifications, and protocols

4. Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Technical Requirements: Customer system requirements and technical specifications

6. Support Services: Support level details, procedures, and response times

7. Pricing and Payment Schedule: Detailed fee structure and payment terms

8. Acceptable Use Policy: Detailed terms of service use and restrictions

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Public Sector

Insurance

Energy

Transportation

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Operations

Commercial

Software Development

Cloud Infrastructure

Data Protection

Vendor Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

Procurement Manager

IT Director

Data Protection Officer

Information Security Manager

Contract Manager

Software Development Manager

Cloud Services Director

Enterprise Architect

Compliance Officer

Risk Manager

Operations Director

Commercial Director

Industries
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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