The Managed Services Agreement is a crucial contract used when a business (the customer) outsources specific operations or services to a specialized service provider for ongoing management and delivery. This agreement, governed by Belgian law, establishes a comprehensive framework for long-term service delivery relationships, incorporating essential elements required by Belgian commercial law and EU regulations. It is particularly important for businesses seeking to optimize operations, reduce costs, or access specialized expertise while maintaining clear service standards and compliance requirements. The document covers all aspects of the service relationship, from performance metrics and pricing to data protection and exit management, ensuring alignment with Belgian civil code requirements and EU directives, particularly GDPR. This type of agreement is commonly used in IT services, business process outsourcing, facilities management, and other specialized service sectors where continuous service delivery and performance measurement are essential.
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1. Parties: Identification and details of the contracting parties (service provider and customer)
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Overview of the managed services to be provided and general service obligations
5. Service Levels: Performance standards, metrics, and measurement methodology
6. Customer Obligations: Responsibilities and obligations of the customer
7. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
8. Personnel: Requirements for service provider's personnel, including qualifications and security
9. Data Protection: GDPR compliance and data processing obligations
10. Intellectual Property Rights: Ownership and licensing of IP used or created in service delivery
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Insurance: Limitation of liability, indemnities, and insurance requirements
13. Term and Termination: Duration, renewal, and termination provisions
14. Exit Management: Procedures and obligations for service transition upon termination
15. General Provisions: Standard boilerplate clauses including governing law, notices, and force majeure
1. Security Requirements: Detailed security obligations and standards, essential for IT or data-intensive services
2. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
3. Compliance with Industry Standards: Specific standards compliance for regulated industries
4. Anti-Bribery and Corruption: Additional compliance requirements for public sector or high-risk services
5. Environmental Requirements: Sustainability and environmental obligations for relevant services
6. Subcontracting: Rules and approval process for subcontracting, if permitted
7. Change Control: Detailed change management procedures for complex service relationships
8. Audit Rights: Extended audit provisions for regulated services or critical operations
1. Service Description: Detailed description of each service component and delivery requirements
2. Service Levels and Service Credits: Detailed SLA metrics, measurement methods, and service credit calculations
3. Charges: Detailed pricing structure, rate cards, and payment calculations
4. Customer Dependencies: Detailed list of customer-provided items, access, and assistance
5. Key Personnel: Details of key roles and named individuals
6. Technical Requirements: Technical specifications and standards for service delivery
7. GDPR Processing Details: Detailed data processing information as required by GDPR Article 28
8. Security Policy: Detailed security requirements and procedures
9. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
10. Exit Plan: Detailed transition assistance and exit management procedures
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