This Software As A Service Agreement is designed for use in scenarios where a provider offers software solutions to customers through cloud-based delivery under Belgian jurisdiction. The document serves as a comprehensive framework for establishing the service relationship, incorporating critical elements required by Belgian law and EU regulations, particularly regarding data protection, electronic commerce, and consumer protection. It is essential for businesses operating in or from Belgium that provide or procure cloud-based software services, ensuring proper governance of service delivery, data handling, security measures, and performance standards. The agreement addresses both B2B and potential B2C relationships, including specific provisions required by Belgian commercial law and EU directives.
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1. Parties: Identification and details of the contracting parties (SaaS provider and customer)
2. Background: Context of the agreement and brief description of the service being provided
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Service Provision: Detailed description of the SaaS services, access rights, and service levels
5. License Grant: Terms of the software license and usage rights granted to the customer
6. Fees and Payment: Pricing structure, payment terms, and billing procedures
7. Customer Obligations: Customer's responsibilities and acceptable use policies
8. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements
9. Intellectual Property Rights: Ownership and protection of IP rights related to the software and services
10. Confidentiality: Protection and handling of confidential information
11. Service Levels: Performance standards, availability commitments, and support services
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
15. Governing Law and Jurisdiction: Specification of Belgian law application and jurisdiction
1. Professional Services: Additional implementation, training, or consulting services if offered
2. Third-Party Integrations: Terms regarding integration with third-party services or applications
3. Disaster Recovery: Detailed disaster recovery and business continuity procedures
4. Export Control: Compliance with export control laws if serving international customers
5. Insurance: Specific insurance requirements and coverage details
6. Change Management: Procedures for implementing changes to services or terms
7. Audit Rights: Customer's rights to audit service provider's compliance and security
8. Service Credits: Compensation scheme for service level failures
9. Sub-processors: Terms regarding the use and management of sub-processors
10. Multi-tenant Provisions: Specific terms for multi-tenant SaaS environments
1. Service Level Agreement (SLA): Detailed performance metrics, support levels, and related penalties
2. Data Processing Agreement: Detailed GDPR-compliant data processing terms and conditions
3. Technical Specifications: Detailed technical requirements and service specifications
4. Security Requirements: Specific security measures, protocols, and compliance requirements
5. Pricing Schedule: Detailed pricing tiers, payment terms, and additional fees
6. Support Services: Detailed support procedures, response times, and escalation processes
7. Acceptable Use Policy: Detailed rules and restrictions for service usage
8. Service Implementation Plan: Timeline and milestones for service implementation
9. Business Continuity Plan: Detailed procedures for ensuring service continuity
10. Sub-processors List: Current list of approved sub-processors and their roles
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