This SaaS License Agreement template is designed for use in the Belgian market, incorporating requirements from both Belgian and EU law. It should be used when a software provider wishes to license and provide their software solution as a service to customers in Belgium or when Belgian law is chosen as the governing law. The agreement includes essential provisions required by Belgian law, including specific data protection clauses aligned with GDPR and the Belgian Data Protection Act, consumer protection provisions where applicable, and information society services regulations. The document covers critical aspects such as service levels, support obligations, data processing terms, intellectual property rights, and liability provisions, while ensuring compliance with Belgian civil code requirements for contract formation and enforcement.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of the SaaS solution
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the software license, permitted uses, and restrictions
5. Service Provision: Description of the SaaS services, service availability, and support
6. Customer Obligations: Customer responsibilities, acceptable use policy, and access management
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection: GDPR compliance, data processing terms, and data security measures
9. Intellectual Property Rights: IP ownership, protection, and infringement provisions
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Contract duration, renewal terms, and termination rights
12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations
13. Force Majeure: Events beyond reasonable control and their consequences
14. General Provisions: Governing law, jurisdiction, notices, and other standard clauses
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Service Credits: Include when offering financial compensation for service level failures
3. Disaster Recovery: Include for critical systems requiring specific disaster recovery procedures
4. Insurance: Include when specific insurance coverage requirements are needed
5. Export Control: Include when the service may be subject to export control regulations
6. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
7. Reseller Provisions: Include when the customer has rights to resell the service
1. Service Level Agreement (SLA): Detailed service levels, performance metrics, and remedies
2. Technical Specifications: Detailed technical specifications of the SaaS solution
3. Support Services: Support levels, response times, and escalation procedures
4. Security Requirements: Detailed security measures, protocols, and compliance requirements
5. Data Processing Agreement: Detailed GDPR-compliant data processing terms and requirements
6. Pricing Schedule: Detailed pricing tiers, usage calculations, and special rates
7. Acceptable Use Policy: Detailed rules and restrictions for service usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Professional Services
E-commerce
Education
Manufacturing
Telecommunications
Real Estate
Retail
Insurance
Media and Entertainment
Logistics
Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Sales
Finance
Operations
Risk Management
Data Protection
Commercial
Product Development
Relevant Roles
Chief Technology Officer
Legal Counsel
Data Protection Officer
IT Director
Procurement Manager
Commercial Director
Information Security Manager
Contract Manager
Chief Information Officer
Software Development Manager
Compliance Officer
Sales Director
Privacy Officer
Risk Manager
Operations Director
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