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SaaS Service Level Agreement

SaaS Service Level Agreement Template for Belgium

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Key Requirements PROMPT example:

SaaS Service Level Agreement

"I need a SaaS Service Level Agreement under Belgian law for an enterprise-level CRM system that will be deployed across multiple EU countries, with 99.9% availability requirement and comprehensive data protection provisions, planned to go live in March 2025."

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Document background
This SaaS Service Level Agreement template is designed for use under Belgian jurisdiction when establishing a formal service relationship between a SaaS provider and its customers. It is particularly relevant in today's digital economy where cloud-based software services require clear performance metrics and service standards. The document incorporates essential elements required by Belgian law and EU regulations, including GDPR compliance, consumer protection measures, and digital service provider obligations. It provides comprehensive coverage of service levels, support requirements, data protection measures, and remedy mechanisms, making it suitable for both enterprise and SME deployments. The agreement is structured to facilitate customization based on specific service offerings while maintaining compliance with Belgian legal requirements and industry best practices.
Suggested Sections

1. Parties: Identification of the service provider and customer, including registered addresses and company details

2. Background: Context of the agreement and brief description of the service being provided

3. Definitions: Definitions of technical terms, service metrics, and other key terms used throughout the agreement

4. Service Description: Detailed description of the SaaS service, including core functionalities and features

5. Service Levels: Specific performance metrics, availability commitments, and response times

6. Service Credits: Compensation mechanism for failure to meet service levels

7. Support Services: Description of technical support, maintenance, and help desk services

8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

9. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements

10. Fees and Payment: Pricing, payment terms, and billing procedures

11. Term and Termination: Contract duration, renewal terms, and termination provisions

12. Intellectual Property: IP rights, licenses, and restrictions on use

13. Confidentiality: Protection of confidential information and trade secrets

14. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions

15. Force Majeure: Circumstances excusing performance obligations

16. General Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for critical services

2. Change Management: Procedures for implementing service changes and upgrades, important for complex implementations

3. Professional Services: Terms for additional implementation, customization, or consulting services

4. Service Level Reporting: Detailed reporting obligations and procedures, recommended for enterprise customers

5. Audit Rights: Customer rights to audit service provider's compliance and security measures

6. Exit Assistance: Terms for transition assistance upon termination, important for business-critical applications

7. Sub-processors: Terms regarding the use and management of sub-processors, required when sub-processors are involved

8. Insurance: Specific insurance requirements, recommended for high-value or high-risk services

Suggested Schedules

1. Schedule 1 - Service Level Metrics: Detailed technical specifications of service levels, measurement methods, and reporting

2. Schedule 2 - Support Services Description: Detailed description of support tiers, response times, and escalation procedures

3. Schedule 3 - Security Requirements: Technical security specifications, protocols, and compliance requirements

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and specifications

5. Schedule 5 - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing adjustments

6. Schedule 6 - Technical Requirements: Customer infrastructure requirements and technical specifications

7. Appendix A - Definitions: Extended definitions of technical terms and metrics

8. Appendix B - Contact Details: Key contacts for both parties for various functions (technical, legal, commercial)

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
Agreement
Applicable Law
Authorized Users
Available/Availability
Business Day
Business Hours
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Downtime
Emergency Maintenance
Error
Fees
Force Majeure Event
GDPR
Help Desk
Incident
Initial Term
Intellectual Property Rights
Maintenance Window
Malicious Code
Measurement Period
Normal Business Hours
Personal Data
Planned Maintenance
Platform
Priority Levels
Professional Services
Renewal Term
Response Time
Resolution Time
SaaS Services
Scheduled Downtime
Security Breach
Service Credits
Service Level Failure
Service Levels
Service Provider
Services
Software
Specifications
Sub-processor
Support Hours
Support Services
System
Term
Third Party Components
Unscheduled Downtime
Updates
Upgrades
User Acceptance Testing
User Documentation
Virus
Clauses
Definitions
Service Provision
Service Levels
Service Credits
Support Services
Customer Obligations
Fees and Payment
Data Protection
Information Security
Confidentiality
Intellectual Property
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Exit Management
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Change Management
Notice
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Bribery
Data Backup
Disaster Recovery
Business Continuity
Service Monitoring
Maintenance
Documentation
Training
Access Rights
Usage Restrictions
Reporting
Insurance
Compliance with Laws
Relevant Industries

Information Technology

Software Development

Cloud Computing

Financial Services

Healthcare

E-commerce

Professional Services

Manufacturing

Education

Telecommunications

Government and Public Sector

Retail

Insurance

Banking

Consulting Services

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Operations

Service Delivery

Risk Management

Commercial

Technical Support

Software Development

Infrastructure

Data Protection

Vendor Management

Contract Administration

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Officer

Data Protection Officer

Service Delivery Manager

Contract Manager

Operations Director

Compliance Officer

Technical Account Manager

Chief Information Officer

Risk Manager

Commercial Director

Head of Digital

Cloud Services Manager

Software Development Manager

IT Infrastructure Manager

Industries
GDPR (General Data Protection Regulation): EU regulation 2016/679 on data protection and privacy, which is directly applicable in Belgium. Essential for defining data processing terms, data protection responsibilities, and cross-border data transfer requirements in SaaS agreements.
Belgian Data Protection Act: Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. Implementation of GDPR specifics in Belgian law.
Belgian Civil Code (Book VI): Contains fundamental contract law principles applicable to service agreements, including formation, interpretation, and enforcement of contracts.
Code of Economic Law Book XII: Regulations concerning electronic economy, including provisions about electronic services, information society services, and electronic contracts.
NIS Directive Implementation: Belgian law implementing EU Directive on Security of Network and Information Systems, relevant for security requirements in digital service provision.
Consumer Protection Laws (Book VI of Economic Law Code): If the SaaS service is provided to consumers, these provisions govern unfair terms, transparency requirements, and consumer rights.
Electronic Communications Law: Law of 13 June 2005 on electronic communications, relevant for service availability and telecommunications aspects of SaaS services.
EU Digital Services Act: New EU regulation affecting digital service providers, including requirements for transparency and user protection.
Belgian Enterprise Law: Contains provisions about business-to-business relationships, unfair practices, and general commercial terms applicable to SaaS agreements.
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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