This Evergreen Agreement template is designed for use in situations requiring an ongoing, automatically renewing contractual relationship under Belgian law. It is particularly suitable for continuous service arrangements, long-term supply relationships, and recurring business engagements where parties intend to establish a lasting commercial partnership. The agreement incorporates mandatory provisions required by Belgian commercial law, including specific protections required for both B2B and B2C relationships, clear termination mechanisms, and price adjustment provisions. It addresses key requirements of the Belgian Civil Code and the Code of Economic Law, while ensuring compliance with EU regulations where applicable. The template is structured to provide comprehensive coverage of essential commercial terms while maintaining flexibility for specific business requirements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Services/Scope: Detailed description of services or products covered by the agreement
5. Term and Renewal: Initial term and automatic renewal provisions, including renewal periods
6. Payment Terms: Pricing, payment schedule, and price adjustment mechanisms
7. Termination Rights: Conditions and process for termination, including notice periods
8. Service Levels: Performance standards and metrics
9. Obligations of the Parties: Specific responsibilities of each party
10. Representations and Warranties: Standard and specific warranties from both parties
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Confidentiality: Protection of confidential information
13. Force Majeure: Circumstances excusing performance
14. Governing Law and Jurisdiction: Belgian law application and dispute resolution
15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Data Protection: GDPR compliance section, required if personal data is processed
2. Intellectual Property: IP rights and licenses, needed if IP is created or transferred
3. Insurance: Insurance requirements, important for high-risk services
4. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
5. Personnel: Staff requirements and qualifications if service delivery involves specific personnel
6. Security Requirements: IT/Physical security provisions for sensitive operations
7. Business Continuity: Disaster recovery and business continuity for critical services
8. Audit Rights: Audit provisions for regulated industries or critical services
9. Change Management: Process for implementing changes to services or terms
1. Schedule 1 - Service Description: Detailed technical or operational service specifications
2. Schedule 2 - Service Levels: Detailed SLA metrics, measurements, and penalties
3. Schedule 3 - Pricing and Payment: Detailed fee structure, calculations, and payment terms
4. Schedule 4 - Key Personnel: List of key staff and their roles if applicable
5. Schedule 5 - Security Requirements: Detailed security protocols and requirements
6. Appendix A - Notice Details: Contact information for formal notices
7. Appendix B - Change Request Form: Template for requesting and documenting changes
8. Appendix C - Service Reports: Templates for regular service reporting
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