The Exclusive Service Agreement is a specialized contract used when a client requires dedicated service provision from a single provider, with the provider committing to exclusively serve that client within specified parameters. This document, governed by Belgian law, is particularly crucial for businesses seeking to establish long-term, exclusive service relationships while ensuring compliance with Belgian civil and commercial regulations. It includes detailed provisions on service scope, exclusivity terms, performance metrics, and risk allocation, making it suitable for various commercial arrangements from IT services to professional consulting. The agreement addresses key aspects such as intellectual property rights, confidentiality, and liability provisions while incorporating specific Belgian legal requirements regarding commercial relationships and competition law.
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1. Parties: Identification and details of the service provider and recipient
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. Scope of Services: Detailed description of services to be provided and exclusivity obligations
5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Key responsibilities and commitments of the client
8. Exclusivity Provisions: Specific terms regarding the exclusive nature of the arrangement
9. Fees and Payment Terms: Pricing, payment schedule, and invoicing requirements
10. Service Levels: Performance standards and quality requirements
11. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution mechanisms
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Non-Solicitation: Prevents parties from hiring each other's employees or contractors, include when workforce protection is important
2. Insurance: Specific insurance requirements, include when services involve significant risks
3. Data Protection: GDPR compliance provisions, include when personal data processing is involved
4. Business Continuity: Disaster recovery and business continuity requirements, include for critical services
5. Change Control: Procedures for changing service scope or specifications, include for complex or long-term agreements
6. Exit Management: Transition arrangements at termination, include for complex service arrangements
7. Compliance with Laws: Specific regulatory compliance obligations, include for regulated industries
8. Anti-Corruption: Anti-bribery and corruption provisions, include for international services or public sector clients
9. Environmental Requirements: Environmental standards and compliance, include for services with environmental impact
1. Service Specification: Detailed technical specifications of the services to be provided
2. Service Levels and KPIs: Detailed performance metrics and measurement methods
3. Fee Schedule: Detailed pricing structure, rates, and payment terms
4. Contact Details: Key personnel and escalation contacts for both parties
5. Required Insurance Coverage: Specific insurance types and coverage levels
6. Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Data Processing Agreement: GDPR-compliant data processing terms if applicable
8. Territory Definition: Detailed description of geographical scope of exclusivity
9. Change Request Template: Standard form for requesting changes to services or terms
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