The Business Process Outsourcing Agreement is essential for organizations operating in Belgium that seek to outsource specific business functions to specialized service providers. This document is crucial when companies want to focus on core competencies while leveraging external expertise for non-core functions. The agreement comprehensively addresses Belgian legal requirements, including data protection, employment laws, and commercial regulations. It typically covers service delivery, performance metrics, pricing, governance, and risk allocation. Used when establishing long-term outsourcing relationships, this agreement ensures compliance with Belgian jurisdiction while protecting both parties' interests through detailed operational, commercial, and legal provisions.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business objectives
3. Definitions and Interpretation: Defined terms and interpretation rules
4. Scope of Services: Detailed description of BPO services to be provided
5. Term and Termination: Duration, renewal, and termination provisions
6. Service Provider Obligations: Core obligations and responsibilities of the service provider
7. Customer Obligations: Core obligations and responsibilities of the customer
8. Service Levels and Performance: Performance standards, KPIs, and measurement
9. Charges and Payment: Pricing, payment terms, and invoicing
10. Data Protection and Privacy: GDPR compliance and data processing obligations
11. Confidentiality: Protection of confidential information
12. Intellectual Property Rights: IP ownership, licenses, and protection
13. Employee Matters: Staff transfer, management, and employment obligations
14. Liability and Indemnities: Risk allocation and limitation of liability
15. Force Majeure: Provisions for unforeseen circumstances
16. Governing Law and Jurisdiction: Belgian law application and dispute resolution
17. General Provisions: Standard boilerplate clauses
1. Transition and Implementation: Include when services require complex implementation phase
2. Business Continuity and Disaster Recovery: Include for critical business processes
3. Step-in Rights: Include when service continuity is crucial
4. Anti-corruption and Ethics: Include for international operations or specific compliance requirements
5. Security Requirements: Include when handling sensitive data or systems
6. Change Control: Include for long-term or complex service arrangements
7. Benchmarking: Include when market competitiveness needs regular assessment
8. Parent Company Guarantee: Include when financial security is required
1. Service Description: Detailed specification of BPO services
2. Service Levels: Detailed SLAs, KPIs, and measurement methodology
3. Charges: Detailed pricing structure and calculation methodology
4. Customer Dependencies: Detailed customer responsibilities and requirements
5. Data Processing Agreement: GDPR-compliant data processing terms
6. Employee Transfer Provisions: Detailed TUPE/transfer arrangements
7. Transition Plan: Implementation and service transition timeline
8. Business Continuity Plan: Disaster recovery and continuity procedures
9. Security Requirements: Detailed security protocols and standards
10. Governance and Reporting: Management structure and reporting requirements
11. Exit Plan: Service termination and handover procedures
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