The Service Delivery Agreement is a fundamental commercial contract used to formalize service provision arrangements under Belgian law. This document type is essential when businesses or professionals seek to establish clear, legally-binding parameters for service delivery, whether in B2B or B2C contexts. The agreement encompasses critical elements required by Belgian legislation, including the modernized Civil Code and relevant EU regulations, while providing flexibility to adapt to specific service contexts. It's particularly vital for protecting both parties' interests by clearly defining service scope, performance metrics, payment terms, and liability limitations. The Service Delivery Agreement should be used whenever there's a need to establish a formal, ongoing service relationship, particularly for professional services, consulting, technology services, or any structured service delivery arrangement where clear performance metrics and delivery standards are crucial.
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1. Parties: Identification and details of the contracting parties, including registered offices and company numbers
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Services: Detailed description of the services to be provided, including deliverables and performance standards
5. Term and Duration: Period of the agreement, including start date and duration
6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and VAT considerations
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Service Levels: Performance metrics, quality standards, and measurement criteria
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Termination: Grounds for termination and termination procedures
15. Force Majeure: Handling of events beyond parties' reasonable control
16. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Insurance: Insurance requirements when services involve significant risks or regulatory requirements
2. Non-Competition: Restrictions on competitive activities, if relevant to the service relationship
3. Personnel: Requirements for service provider's personnel when specific qualifications or security clearances are needed
4. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
5. Business Continuity: Business continuity and disaster recovery requirements for critical services
6. Audit Rights: Client's audit rights when required for regulatory or compliance purposes
7. Security Requirements: Specific security measures when handling sensitive information or systems
8. Change Control: Formal process for managing changes to services when flexibility is needed
9. Transition Services: Requirements for service transition at the start or end of the agreement when complex implementation is involved
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements
3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, rates, and payment terms
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
5. Schedule 5 - Contact Details and Escalation Procedure: Key contacts and communication protocols
6. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery
7. Appendix B - Security Requirements: Detailed security protocols and requirements
8. Appendix C - Form of Change Order: Template for documenting and approving changes to services
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