Advisory Services Agreement Template for Belgium

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Key Requirements PROMPT example:

Advisory Services Agreement

"I need an Advisory Services Agreement under Belgian law for a fintech consulting firm providing digital transformation services to a bank, with strong data protection clauses and specific provisions for handling sensitive financial information."

Document background
The Advisory Services Agreement is a critical legal document used when engaging professional advisors or consultants under Belgian law. It is designed to protect both the service provider and the client by clearly defining the advisory relationship, scope of work, deliverables, and commercial terms. This agreement is particularly important in Belgium's sophisticated professional services market, where regulatory compliance and clear contractual frameworks are essential. The document typically addresses key aspects such as service levels, intellectual property rights, data protection under GDPR, and liability limitations, while ensuring compliance with Belgian civil law requirements. It's commonly used by consulting firms, individual advisors, and businesses seeking professional guidance, and can be adapted for various sectors from financial services to technology consulting.
Suggested Sections

1. Parties: Identification and details of the advisor and the client, including registered addresses and company registration numbers

2. Background: Context of the agreement and brief description of the parties' intention to enter into an advisory relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the advisory services to be provided

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures

7. Obligations of the Advisor: Key responsibilities and commitments of the advisor, including service standards

8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Intellectual Property: Ownership and usage rights of any IP created during the advisory relationship

11. Data Protection: GDPR compliance and data handling procedures

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Notices: Communication procedures and contact details for official notices

15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on advisor's ability to work with competitors, used when services involve sensitive market information

2. Non-Solicitation: Restrictions on hiring each other's employees, used in longer-term advisory relationships

3. Insurance: Requirements for professional liability insurance, used for high-risk advisory services

4. Compliance with Laws: Specific regulatory compliance obligations, used for regulated advisory services

5. Service Levels: Specific performance metrics and standards, used for technical or ongoing advisory services

6. Subcontracting: Rights and restrictions regarding use of subcontractors, used when advisor may need to delegate work

7. Change Control: Procedures for changing scope or terms, used in complex advisory relationships

8. Key Personnel: Identification of essential team members, used when specific expertise is crucial

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of specific advisory services to be provided

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and quality standards

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

6. Appendix A - Report Templates: Standard formats for advisory reports and deliverables

7. Appendix B - Communication Protocols: Procedures for regular communications and escalations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Management Consulting

Financial Services

Technology

Healthcare

Education

Manufacturing

Professional Services

Public Sector

Non-Profit

Retail

Energy

Environmental Services

Real Estate

Transportation

Telecommunications

Relevant Teams

Legal

Procurement

Finance

Operations

Project Management

Business Development

Risk & Compliance

Strategy

Human Resources

Commercial

Administration

Relevant Roles

CEO

Managing Director

Legal Counsel

Chief Financial Officer

Procurement Manager

Operations Director

Project Manager

Contract Manager

Business Development Manager

Consultant

Senior Advisor

Risk Manager

Compliance Officer

Department Head

Strategy Director

Industries
Belgian Civil Code (2020): The modernized Belgian Civil Code governs general contract law principles, including formation, validity, performance, and termination of contracts. It's fundamental for any service agreement.
Belgian Code of Economic Law: Contains provisions regarding business practices, market practices, and consumer protection that may apply to advisory services relationships.
Belgian VAT Code: Regulates VAT obligations for professional services, including advisory services, and determines VAT treatment of various types of services.
Belgian Data Protection Act (2018): Implementation of GDPR in Belgian law, crucial for handling client information in advisory relationships.
Belgian Act on Market Practices and Consumer Protection: Regulates business-to-business and business-to-consumer relationships, including unfair terms and practices.
Belgian Companies and Associations Code: Relevant for understanding the legal framework within which the advisor and client operate as business entities.
Belgian Law on Employment Relations (2006): Important to ensure the advisory agreement doesn't create an unintended employment relationship and maintains proper independent contractor status.
Anti-Money Laundering Law (2017): May be relevant if the advisory services involve financial advice or transactions that fall under AML regulations.
Professional Services Regulations: Specific regulations governing particular types of advisory services (e.g., financial advice, legal services, accounting) if applicable.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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