The Advisor Contract is essential for establishing professional advisory relationships under Belgian law, providing a legally sound framework for independent consulting engagements. It's particularly crucial given Belgium's strict distinctions between employment and independent contractor relationships. This document should be used whenever engaging external advisors or consultants to provide professional services, ensuring compliance with Belgian labor laws, tax regulations, and social security requirements. The contract covers essential elements including service scope, fees, confidentiality, data protection under GDPR, and professional liability, while maintaining the advisor's independent status. It's designed to protect both parties' interests while ensuring regulatory compliance in the Belgian business environment.
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1. Parties: Identification of the client and advisor, including full legal names, addresses, and registration numbers
2. Background: Context of the advisory relationship and brief description of the advisor's expertise and client's needs
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Scope of Services: Detailed description of the advisory services to be provided, including any limitations
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
6. Fees and Payment: Fee structure, payment terms, expenses, and invoicing procedures
7. Independent Contractor Status: Clear statement of advisor's independent contractor status and relationship between parties
8. Obligations of the Advisor: Advisor's duties, service standards, and compliance requirements
9. Obligations of the Client: Client's responsibilities, including provision of information and cooperation
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Ownership and usage rights of any IP created during the engagement
12. Data Protection: GDPR compliance and data processing obligations
13. Liability and Indemnification: Limitation of liability, professional indemnity, and insurance requirements
14. General Provisions: Standard clauses including notices, amendment process, and governing law
1. Non-Competition: Restrictions on advisor's ability to work with competitors, used when advisor has access to sensitive competitive information
2. Non-Solicitation: Restrictions on soliciting clients or employees, used in cases of significant client contact
3. Service Levels: Specific performance metrics and standards, used for more complex or technical advisory services
4. Compliance with Industry Regulations: Specific regulatory compliance obligations, used for regulated industries
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term advisory relationships
6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, used when flexibility in service delivery is needed
7. Dispute Resolution: Specific procedures for handling disputes, used for high-value or complex advisory relationships
1. Schedule 1 - Detailed Service Description: Comprehensive breakdown of services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, payment terms, and expense policies
3. Schedule 3 - Key Personnel: List of key advisor personnel assigned to the engagement
4. Schedule 4 - Service Levels and Performance Metrics: Specific performance standards and measurement criteria
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Appendix A - Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts
7. Appendix B - Compliance Requirements: Industry-specific regulatory compliance requirements
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