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MSA Software Agreement

MSA Software Agreement Template for Belgium

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Key Requirements PROMPT example:

MSA Software Agreement

"I need an MSA Software Agreement for providing cloud-based healthcare management software to Belgian hospitals, with specific focus on GDPR compliance and data security requirements, planned to commence from March 2025."

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Document background
This MSA Software Agreement template is designed for use in Belgium when establishing a long-term software service relationship between a provider and customer. It serves as the primary agreement governing all software-related services, including licensing, maintenance, support, and potential customization work. The agreement incorporates Belgian legal requirements, including compliance with the Belgian Civil Code, Enterprise and B2B Law, and EU regulations such as GDPR. This template is particularly suitable for ongoing software service arrangements where parties need a comprehensive framework that can accommodate multiple future service orders or statements of work. The MSA Software Agreement includes provisions for data protection, service levels, intellectual property rights, and liability allocation, all aligned with Belgian and EU legal frameworks.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Defined terms used throughout the agreement

4. Scope of Services: Description of software services provided, including license grants and access rights

5. Term and Termination: Duration of agreement, renewal terms, and termination conditions

6. Payment Terms: Fees, payment schedule, invoicing, and late payment consequences

7. Service Provider Obligations: Key responsibilities of the service provider, including service levels and support

8. Customer Obligations: Customer responsibilities and usage restrictions

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

10. Intellectual Property Rights: IP ownership, licenses, and restrictions

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Disclaimers: Service provider warranties and limitations

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Circumstances excusing performance

15. General Provisions: Standard boilerplate including notices, assignment, governing law, and jurisdiction

Optional Sections

1. Professional Services: Include when additional implementation, customization, or consulting services are provided

2. Hardware Requirements: Include when specific customer hardware is required for software operation

3. Third-Party Software: Include when third-party software components are part of the solution

4. Training Services: Include when training services are part of the offering

5. Business Continuity: Include for critical software services requiring disaster recovery provisions

6. Source Code Escrow: Include when source code escrow arrangements are required

7. Export Control: Include when software is subject to export control regulations

8. Insurance Requirements: Include when specific insurance coverage is required

Suggested Schedules

1. Schedule A - Service Description: Detailed description of software functionality and services

2. Schedule B - Service Level Agreement: Performance metrics, availability commitments, and remedies

3. Schedule C - Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Schedule D - Support Services: Support levels, response times, and escalation procedures

5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule F - Security Requirements: Security standards, protocols, and compliance requirements

7. Schedule G - Implementation Plan: Timeline and milestones for software implementation

8. Appendix 1 - Authorized Users: Definition and categories of authorized users

9. Appendix 2 - Technical Requirements: Software and hardware technical specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

















































Clauses








































Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

Insurance

E-commerce

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk Management

Operations

Software Development

Commercial

Vendor Management

Compliance

Data Protection

Relevant Roles

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Contract Manager

Software Development Manager

Information Security Officer

Chief Information Officer

Vendor Manager

Operations Director

Commercial Director

Data Protection Officer

Enterprise Architect

Solutions Architect

Industries








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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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