The IT Master Services Agreement (MSA) is designed for use when establishing a long-term relationship between an IT service provider and a customer under Belgian law. It creates a framework agreement that allows parties to efficiently engage multiple IT services over time without negotiating new terms for each service. The MSA includes essential provisions required by Belgian and EU law, particularly regarding data protection (GDPR), electronic communications, and intellectual property rights. It is structured to accommodate various IT services ranging from software development to system maintenance, cloud services, and consulting, while ensuring regulatory compliance and risk management. The document includes mechanisms for service ordering, performance measurement, and governance, making it suitable for complex, ongoing IT service relationships.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: General framework for IT services to be provided under the agreement
5. Service Orders: Process for requesting and agreeing to specific services
6. Term and Termination: Duration of the agreement and termination provisions
7. Payment Terms: Pricing, invoicing, and payment conditions
8. Service Levels: General framework for service level commitments
9. Data Protection and Security: GDPR compliance and data security obligations
10. Intellectual Property Rights: Ownership and licensing of IP created or used in services
11. Confidentiality: Protection of confidential information
12. Liability and Indemnification: Liability limitations and indemnification obligations
13. Force Majeure: Provisions for unforeseeable circumstances
14. Governance: Contract management and escalation procedures
15. General Provisions: Standard legal provisions including notices, amendments, etc.
1. Personnel and Subcontracting: Rules for service provider personnel and use of subcontractors - include if services involve on-site work or significant subcontracting
2. Training and Knowledge Transfer: Requirements for training customer personnel - include if services involve significant knowledge transfer
3. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
4. Transition Services: Entry and exit transition requirements - include for complex service arrangements
5. Compliance and Audit Rights: Detailed compliance obligations and audit procedures - include for regulated industries
6. Insurance: Specific insurance requirements - include for high-risk services
7. Environmental Requirements: Environmental compliance and reporting - include if services have environmental impact
1. Schedule 1 - Service Descriptions: Detailed description of service categories available under the MSA
2. Schedule 2 - Service Level Agreement: Detailed service levels, measurement, and remedies
3. Schedule 3 - Pricing and Payment: Detailed pricing models, rate cards, and payment terms
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Security Requirements: Detailed security policies and requirements
6. Schedule 6 - Governance Procedures: Detailed procedures for contract management
7. Schedule 7 - Form of Service Order: Template for individual service orders
8. Appendix A - Key Personnel: List of key personnel from both parties
9. Appendix B - Approved Subcontractors: List of pre-approved subcontractors
10. Appendix C - Technical Standards: Required technical standards and specifications
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Energy and Utilities
Public Sector
Education
Transportation and Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Operations
Commercial
Risk Management
Project Management
Service Delivery
Vendor Management
Relevant Roles
Chief Information Officer
IT Director
Procurement Manager
Legal Counsel
Data Protection Officer
IT Service Delivery Manager
Contract Manager
Chief Technology Officer
Information Security Manager
Project Manager
Commercial Director
Risk Manager
Compliance Officer
Operations Director
Technical Account Manager
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