The Service Provider Agreement is a crucial document used when establishing a formal business relationship between a service provider and a client under Belgian law. It is particularly relevant in situations where one party (the service provider) agrees to perform specific professional services for another party (the client) in exchange for compensation. This agreement type is essential in the Belgian business environment, where it must comply with both the Belgian Civil Code and relevant EU regulations. The document typically includes detailed provisions on service scope, performance standards, payment terms, liability limitations, and data protection requirements. It's designed to protect both parties' interests while ensuring regulatory compliance, particularly with Belgian business law, EU service directives, and GDPR requirements. The agreement is structured to accommodate various service types while maintaining the flexibility to address industry-specific requirements through additional schedules and appendices.
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1. Parties: Identification and details of the service provider and service recipient, including registration numbers and addresses
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: Detailed description of services to be provided, including scope and deliverables
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. Fees and Payment: Payment terms, fee structure, invoicing procedures, and payment timeline
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. Intellectual Property Rights: Ownership and rights related to work products and pre-existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Service Levels: Include when specific performance metrics and standards need to be maintained
2. Compliance with Laws: Include for regulated industries or when specific regulatory compliance is crucial
3. Insurance: Include when specific insurance coverage requirements are needed
4. Non-Competition: Include when restricting service provider from competing activities
5. Staff and Subcontractors: Include when service provider may use subcontractors or specific staff requirements exist
6. Audit Rights: Include when client needs right to audit service provider's performance or compliance
7. Business Continuity: Include for critical services requiring disaster recovery planning
8. Export Control: Include when services involve international data or technology transfer
9. Environmental Compliance: Include when services have environmental impact or requirements
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and measurement methods
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Required Insurance Coverage: Specific insurance requirements and coverage levels
7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix C - Security Requirements: IT security and data protection requirements
9. Appendix D - Change Control Procedure: Process for requesting and implementing changes to services
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