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The Software Development And Consulting Services Agreement is essential for organizations engaging external providers for software development and related consulting services in Belgium. This document is particularly relevant when companies need custom software solutions combined with professional guidance and expertise. It addresses the complexities of modern software development projects while ensuring compliance with Belgian law and EU regulations, including GDPR. The agreement covers crucial aspects such as project scope, methodology, deliverables, acceptance criteria, intellectual property rights, data protection, and service levels. It's designed to protect both parties' interests while facilitating successful project delivery and ongoing support. The document is structured to accommodate various development methodologies while maintaining legal compliance with Belgian contract law and EU digital service regulations.

1. Parties: Identification of the contracting parties including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including brief description of parties' businesses and purpose of the engagement

3. Definitions: Detailed definitions of technical terms, project-specific terminology, and contract-specific concepts

4. Scope of Services: Detailed description of both software development and consulting services to be provided

5. Project Methodology: Description of development methodology (e.g., Agile, Waterfall) and project management approach

6. Deliverables: Specific outputs, including software, documentation, and consulting deliverables

7. Timeline and Milestones: Project schedule, key milestones, and delivery dates

8. Acceptance Testing: Procedures for testing, acceptance criteria, and acceptance/rejection processes

9. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures

10. Intellectual Property Rights: Ownership and licensing of pre-existing IP and newly developed IP

11. Data Protection and Privacy: GDPR compliance measures and data handling requirements

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Representations: Warranties regarding services, deliverables, and compliance with laws

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. Term and Termination: Duration of agreement and termination provisions

16. General Provisions: Standard clauses including governing law, jurisdiction, and dispute resolution