This Professional Services Agreement template is designed for use under Belgian law when engaging external professional service providers or consultants. It is particularly relevant for businesses operating in Belgium or those seeking to engage Belgian service providers, ensuring compliance with local commercial law, tax regulations, and EU directives. The agreement covers essential aspects such as service scope, deliverables, payment terms, intellectual property rights, and data protection requirements, while incorporating specific Belgian legal requirements and commercial practices. It's structured to accommodate various types of professional services, from consulting and advisory services to technical and specialized professional work, making it adaptable for different business needs while maintaining legal compliance.
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1. Parties: Identification of contracting parties with full legal names and registered addresses
2. Background: Context of the agreement and brief description of parties' business relationship
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: Detailed description of professional services to be provided
5. Service Provider's Obligations: Key responsibilities and commitments of the service provider
6. Client's Obligations: Key responsibilities and commitments of the client
7. Fees and Payment Terms: Compensation, payment schedule, invoicing, and VAT requirements
8. Term and Termination: Duration of agreement and termination provisions
9. Intellectual Property Rights: Ownership and usage rights of 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: Circumstances excusing non-performance
14. Insurance: Required insurance coverage
15. Governing Law and Jurisdiction: Belgian law application and dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Service Levels: Specific performance metrics and standards, used when service quality needs to be quantified
2. Change Control: Process for managing changes to services, included for complex or long-term engagements
3. Personnel: Requirements for key personnel and substitution rights, relevant when specific individuals are crucial
4. Non-Competition: Restrictions on competitive activities, included when protecting market position
5. Non-Solicitation: Restrictions on hiring parties' employees, included when protecting human resources
6. Audit Rights: Client's right to audit service provider, relevant for regulated industries or complex services
7. Business Continuity: Disaster recovery and business continuity requirements, for critical services
8. Export Control: Compliance with export regulations, needed for international services
9. Anti-Corruption: Anti-bribery and corruption provisions, for international or public sector work
10. Subcontracting: Terms governing use of subcontractors, when subcontracting might be needed
1. Schedule 1 - Service Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed performance metrics and measurement methods
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Appendix A - Change Request Form: Template for requesting and documenting changes to services
8. Appendix B - Security Requirements: Technical and organizational security measures
9. Appendix C - Reports and Documentation: Templates and requirements for service reporting
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Management Consulting
Financial Services
Healthcare
Education
Engineering
Legal Services
Marketing and Advertising
Human Resources
Real Estate
Construction
Environmental Services
Research and Development
Business Advisory
Telecommunications
Relevant Teams
Legal
Procurement
Finance
Human Resources
Operations
Compliance
Risk Management
Commercial
Business Development
Project Management
Administration
Service Delivery
Vendor Management
Relevant Roles
Legal Counsel
Procurement Manager
Contract Manager
Business Development Manager
Project Manager
Operations Director
Chief Financial Officer
HR Director
Compliance Officer
Risk Manager
Commercial Director
General Counsel
Chief Executive Officer
Account Manager
Department Head
Administrative Director
Service Delivery Manager
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