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MSA Agreement
"I need an MSA Agreement under Belgian law for providing IT managed services to financial institutions, with strong emphasis on data security, GDPR compliance, and business continuity requirements, planned to be effective from March 2025."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general commercial intent of the parties
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: General framework for services to be provided under the agreement
5. Term and Termination: Duration of the agreement and termination provisions
6. Ordering Process: Process for requesting and accepting specific services
7. Fees and Payment: Payment terms, invoicing, and fee adjustment mechanisms
8. Service Levels: General framework for service quality and performance standards
9. Obligations of Service Provider: Core obligations and responsibilities of the service provider
10. Customer Obligations: Core obligations and responsibilities of the customer
11. Intellectual Property Rights: Ownership and usage rights of IP created or used under the agreement
12. Confidentiality: Protection and handling of confidential information
13. Data Protection: GDPR compliance and data handling requirements
14. Liability and Indemnification: Limitation of liability and indemnification provisions
15. Force Majeure: Handling of events beyond parties' reasonable control
16. Governing Law and Jurisdiction: Belgian law application and dispute resolution
17. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Insurance: Insurance requirements when services involve significant risks or regulatory requirements
2. Audit Rights: Right to audit service provider's operations when compliance or financial verification is important
3. Business Continuity: Disaster recovery and business continuity requirements for critical services
4. Security Requirements: Specific security measures when handling sensitive data or systems
5. Personnel Requirements: Specific requirements for service provider's personnel when relevant to service delivery
6. Transition Services: Provisions for transition at the beginning and end of services when complex implementation is needed
7. Regulatory Compliance: Specific regulatory obligations when operating in regulated industries
8. Anti-Bribery and Corruption: Specific provisions for preventing corruption when dealing with high-risk activities or jurisdictions
9. Environmental Requirements: Environmental standards and compliance when services have environmental impact
1. Schedule 1 - Services Description: Detailed description of services to be provided
2. Schedule 2 - Service Levels and KPIs: Detailed service levels, measurement methods, and remedies
3. Schedule 3 - Charges and Pricing: Detailed pricing structure, rates, and payment terms
4. Schedule 4 - Data Processing Agreement: Detailed GDPR compliance requirements and data processing terms
5. Schedule 5 - Change Control Procedure: Process for implementing changes to services or agreement
6. Schedule 6 - Governance and Reporting: Management structure, meetings, and reporting requirements
7. Schedule 7 - Technical Requirements: Technical specifications and requirements for service delivery
8. Appendix A - Form of Statement of Work: Template for individual statements of work
9. Appendix B - Key Personnel: List of key personnel and their roles
10. Appendix C - Approved Subcontractors: List of approved subcontractors if applicable
Authors
Information Technology
Professional Services
Consulting
Manufacturing
Financial Services
Healthcare
Telecommunications
Business Process Outsourcing
Facilities Management
Engineering Services
Software Development
Cloud Services
Industrial Services
Logistics and Supply Chain
Legal
Procurement
Commercial
Operations
Finance
Compliance
Risk Management
Business Development
Account Management
Project Management
Service Delivery
Chief Legal Officer
Legal Counsel
Commercial Director
Procurement Manager
Contract Manager
Business Development Manager
Operations Director
Chief Financial Officer
Account Manager
Project Manager
Compliance Officer
Risk Manager
Service Delivery Manager
Chief Executive Officer
Chief Operating Officer
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