The Service Provision Agreement serves as a foundational document for establishing professional service relationships under Belgian law. It is primarily used when one party (the service provider) agrees to provide specific professional services to another party (the client) for compensation. This document is essential for businesses operating in Belgium or choosing Belgian law as their governing law, as it incorporates necessary provisions to comply with Belgian Civil Code requirements, EU regulations (particularly GDPR), and Belgian commercial law principles. The agreement typically includes detailed service specifications, performance metrics, payment terms, liability limitations, and termination conditions, while addressing key aspects such as intellectual property rights, confidentiality, and data protection obligations.
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1. Parties: Identification and details of the service provider and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship and intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided, including any specific requirements or standards
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances under which either party may terminate
6. Fees and Payment Terms: Pricing structure, payment schedule, invoicing requirements, and late payment consequences in accordance with Belgian law
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider, including quality standards and delivery timeframes
8. Client's Obligations: Key responsibilities of the client, including cooperation requirements and provision of necessary information or resources
9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created intellectual property
10. Confidentiality: Protection and handling of confidential information exchanged between parties
11. Data Protection: GDPR compliance measures and data processing obligations
12. Liability and Indemnification: Limitations of liability and indemnification obligations under Belgian law
13. Force Majeure: Circumstances excusing performance and related procedures
14. General Provisions: Standard clauses including notices, assignment, severability, and entire agreement
15. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
1. Service Levels: Include when specific performance metrics and service levels need to be monitored and maintained
2. Change Control: Include for long-term or complex services where scope changes are likely to be needed
3. Insurance: Include when specific insurance coverage requirements need to be maintained
4. Personnel: Include when specific personnel requirements or qualifications are crucial to service delivery
5. Audit Rights: Include when client requires rights to audit service provider's performance or compliance
6. Business Continuity: Include for critical services requiring disaster recovery and business continuity planning
7. Anti-Corruption: Include when dealing with public sector or high-risk jurisdictions
8. Non-Solicitation: Include to prevent poaching of staff between parties
9. Security Requirements: Include when services involve sensitive information or systems access
10. Exit Management: Include for complex services requiring detailed transition arrangements at termination
1. Schedule 1 - Service Description: Detailed technical specifications and scope of the services
2. Schedule 2 - Service Levels: Detailed performance metrics, measurement methods, and remedies
3. Schedule 3 - Charges: Detailed pricing structure, rates, and payment terms
4. Schedule 4 - Client Dependencies: Detailed list of client-provided resources, information, or assistance
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Contact Details: Key personnel and contact information for both parties
7. Schedule 7 - Change Control Procedure: Detailed process for requesting and implementing changes
8. Appendix A - Form of Change Order: Template for documenting agreed changes to services
9. Appendix B - Security Requirements: Detailed security protocols and requirements
10. Appendix C - Required Insurance Coverage: Specific insurance types and coverage levels required
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