This Master Service Agreement Software Development is designed for use when establishing a long-term software development relationship between a service provider and a client under Belgian law. It provides the foundational framework for multiple software development projects, eliminating the need to negotiate basic terms for each new project. The agreement includes essential provisions required under Belgian and EU law, including GDPR compliance, intellectual property rights, and electronic commerce regulations. It's particularly suitable for ongoing development relationships where multiple projects or phases are anticipated, and where parties need flexibility to adapt to changing project requirements while maintaining consistent legal protections and operational procedures. The document includes provisions for project-specific details to be addressed through separate statements of work, while maintaining overarching terms for quality standards, security requirements, and risk allocation.
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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: Detailed definitions of terms used throughout the agreement
4. Scope of Services: General framework of software development services to be provided
5. Service Delivery Process: Standard procedures for project initiation, execution, and delivery
6. Ordering Process: Procedures for requesting and confirming specific development projects
7. Payment Terms: Standard payment terms, rates, and invoicing procedures
8. Intellectual Property Rights: Ownership and licensing of developed software and related materials
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data processing obligations
11. Warranties and Representations: Standard warranties regarding services and deliverables
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Term and Termination: Duration of agreement and termination provisions
14. Force Majeure: Provisions for unforeseen circumstances and force majeure events
15. Governing Law and Jurisdiction: Belgian law application and jurisdiction details
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Service Level Agreement: Include when specific service levels need to be maintained
2. Security Requirements: Include for projects involving sensitive data or systems
3. Source Code Escrow: Include when source code needs to be held in escrow for security
4. Non-Solicitation: Include to prevent hiring of each other's employees
5. Change Control: Include for complex projects requiring formal change management
6. Disaster Recovery: Include for business-critical applications
7. Insurance Requirements: Include when specific insurance coverage is needed
8. Open Source Software: Include when open source components will be used
9. Export Control: Include for software with international distribution
10. Third-Party Software: Include when third-party software will be incorporated
1. Schedule A - Rate Card: Standard rates for services and resources
2. Schedule B - Service Specifications: Detailed description of standard service offerings
3. Schedule C - Technical Requirements: Standard technical specifications and requirements
4. Schedule D - Security Standards: Security protocols and requirements
5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms
6. Schedule F - Service Level Parameters: Detailed service level metrics and measurements
7. Schedule G - Change Request Template: Standard format for requesting changes
8. Schedule H - Acceptance Testing Procedures: Standard testing and acceptance procedures
9. Appendix 1 - Contact Details: Key contacts for both parties
10. Appendix 2 - Project Template: Template for individual project statements of work
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