The Terms and Services Agreement serves as the primary legal framework governing the relationship between service providers and their users under Belgian jurisdiction. This document is essential for any business providing services in Belgium or to Belgian customers, whether digital, professional, or conventional services. It must comply with stringent Belgian and EU regulations, including the Belgian Civil Code, Code of Economic Law, GDPR, and relevant EU directives. The agreement typically covers service specifications, user rights, data protection, payment terms, and liability provisions, while ensuring transparency and fairness in commercial relationships. This document type is particularly crucial for businesses operating in the digital economy, where clear terms of service are required for online platforms, software services, and digital content providers.
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1. Parties: Identification of the service provider and definition of the user/customer
2. Background: Brief context of the services being provided and purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Service Description: Comprehensive description of services provided, including scope and limitations
5. User Obligations: Requirements and responsibilities of users when accessing and using the services
6. Provider Obligations: Commitments and responsibilities of the service provider
7. Data Protection and Privacy: GDPR-compliant privacy terms, data processing details, and user rights
8. Intellectual Property Rights: Ownership and usage rights of content, software, and other IP
9. Payment Terms: Pricing, payment methods, billing cycles, and related financial terms
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Limitation of Liability: Scope of provider's liability and limitations under Belgian law
12. Governing Law and Jurisdiction: Specification of Belgian law application and jurisdiction for disputes
1. Service Level Agreement: Include when providing technical services with specific performance metrics
2. User Content: Include when users can upload or create content on the platform
3. Age Restrictions: Include when services have age limitations or target specific age groups
4. Subscription Terms: Include for subscription-based services
5. API Usage Terms: Include when providing API access as part of services
6. Marketplace Rules: Include for platforms facilitating user-to-user transactions
7. Geographic Restrictions: Include when services are limited to specific regions
8. Third-Party Services: Include when integrating external services or tools
9. Device Requirements: Include when specific hardware or software is required
10. Professional Services: Include when offering additional consulting or professional services
1. Schedule 1 - Service Specifications: Detailed technical specifications of the services
2. Schedule 2 - Pricing Schedule: Detailed pricing tiers, packages, and special rates
3. Schedule 3 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
4. Schedule 4 - Service Level Metrics: Specific performance metrics and service levels
5. Schedule 5 - Security Requirements: Detailed security protocols and requirements
6. Appendix A - Acceptable Use Policy: Detailed rules for acceptable use of services
7. Appendix B - Privacy Policy: Detailed privacy practices and data handling procedures
8. Appendix C - Cookie Policy: Specific terms regarding use of cookies and tracking technologies
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