This MSA Software Agreement template is designed for use in Belgium when establishing a long-term software service relationship between a provider and customer. It serves as the primary agreement governing all software-related services, including licensing, maintenance, support, and potential customization work. The agreement incorporates Belgian legal requirements, including compliance with the Belgian Civil Code, Enterprise and B2B Law, and EU regulations such as GDPR. This template is particularly suitable for ongoing software service arrangements where parties need a comprehensive framework that can accommodate multiple future service orders or statements of work. The MSA Software Agreement includes provisions for data protection, service levels, intellectual property rights, and liability allocation, all aligned with Belgian and EU legal frameworks.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: Description of software services provided, including license grants and access rights
5. Term and Termination: Duration of agreement, renewal terms, and termination conditions
6. Payment Terms: Fees, payment schedule, invoicing, and late payment consequences
7. Service Provider Obligations: Key responsibilities of the service provider, including service levels and support
8. Customer Obligations: Customer responsibilities and usage restrictions
9. Data Protection and Security: GDPR compliance, data processing terms, and security measures
10. Intellectual Property Rights: IP ownership, licenses, and restrictions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service provider warranties and limitations
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Circumstances excusing performance
15. General Provisions: Standard boilerplate including notices, assignment, governing law, and jurisdiction
1. Professional Services: Include when additional implementation, customization, or consulting services are provided
2. Hardware Requirements: Include when specific customer hardware is required for software operation
3. Third-Party Software: Include when third-party software components are part of the solution
4. Training Services: Include when training services are part of the offering
5. Business Continuity: Include for critical software services requiring disaster recovery provisions
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Export Control: Include when software is subject to export control regulations
8. Insurance Requirements: Include when specific insurance coverage is required
1. Schedule A - Service Description: Detailed description of software functionality and services
2. Schedule B - Service Level Agreement: Performance metrics, availability commitments, and remedies
3. Schedule C - Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Schedule D - Support Services: Support levels, response times, and escalation procedures
5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule F - Security Requirements: Security standards, protocols, and compliance requirements
7. Schedule G - Implementation Plan: Timeline and milestones for software implementation
8. Appendix 1 - Authorized Users: Definition and categories of authorized users
9. Appendix 2 - Technical Requirements: Software and hardware technical specifications
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