Basic Simple Subcontractor Agreement Template for Belgium

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Key Requirements PROMPT example:

Basic Simple Subcontractor Agreement

"I need a Basic Simple Subcontractor Agreement for an IT services provider who will be maintaining our company's software systems starting March 2025, incorporating standard confidentiality provisions and data protection requirements under Belgian law."

Document background
The Basic Simple Subcontractor Agreement serves as a foundational document for businesses operating in Belgium who need to formalize their subcontracting arrangements. This agreement is particularly relevant when a company (the main contractor) wishes to engage another business entity (the subcontractor) to perform specific services or works under Belgian law. The document incorporates essential elements required by Belgian civil and commercial law, while remaining adaptable to various business sectors. It includes crucial provisions regarding service scope, payment terms, liabilities, and obligations, making it suitable for both short-term projects and ongoing business relationships. The agreement is designed to provide clear guidelines and protect both parties' interests while ensuring compliance with Belgian legal requirements for subcontracting arrangements.
Suggested Sections

1. Parties: Identification and details of the main contractor and subcontractor, including company registration numbers and registered addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services or works to be provided by the subcontractor

5. Term and Termination: Duration of the agreement and conditions for termination

6. Payment Terms: Fees, payment schedule, invoicing requirements, and payment methods

7. Obligations of the Subcontractor: Key responsibilities, quality standards, and performance requirements

8. Obligations of the Main Contractor: Main contractor's responsibilities, including provision of information and access

9. Warranties and Representations: Guarantees provided by both parties regarding their capacity and ability to perform

10. Liability and Indemnification: Allocation of risks and responsibilities for damages

11. Insurance: Required insurance coverage and minimum limits

12. Confidentiality: Protection of confidential information and trade secrets

13. Intellectual Property: Ownership and usage rights of any IP created during the service provision

14. General Provisions: Standard legal clauses including notices, amendments, and governing law

15. Execution: Signature blocks and execution requirements

Optional Sections

1. Health and Safety: Specific health and safety requirements when services involve on-site work or hazardous activities

2. Environmental Compliance: Environmental obligations and standards when services have environmental impacts

3. Data Protection: GDPR compliance measures when personal data processing is involved

4. Quality Control: Detailed quality assurance procedures for industries requiring specific standards

5. Subcontractor Personnel: Requirements for personnel qualifications and vetting when specific expertise is needed

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-risk contracts

7. Non-Competition: Restrictions on competitive activities when protecting business interests is crucial

8. Assignment and Subcontracting: Rules for further subcontracting when relevant to the business model

9. Dispute Resolution: Specific dispute resolution procedures when parties prefer alternatives to court litigation

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed specification of services, deliverables, and technical requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Service Levels: Performance metrics and quality standards

4. Schedule 4 - Required Insurance: Specific insurance requirements and coverage limits

5. Schedule 5 - Key Personnel: List of key personnel and their qualifications

6. Appendix A - Forms and Templates: Standard forms for reporting, invoicing, and other routine communications

7. Appendix B - Policies and Procedures: Relevant company policies that the subcontractor must comply with

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 Industries

Construction

Information Technology

Manufacturing

Professional Services

Engineering

Facilities Management

Logistics

Telecommunications

Industrial Services

Consulting

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Risk & Compliance

Project Management Office

Supply Chain

Business Development

Contracts Administration

Relevant Roles

Project Manager

Procurement Manager

Contract Manager

Legal Counsel

Operations Director

Commercial Director

Business Development Manager

Supply Chain Manager

Chief Operating Officer

Compliance Officer

Risk Manager

Finance Director

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Primary legislation governing contractual relationships in Belgium, including general contract formation, obligations, and remedies
Act on Public Procurement and Certain Contracts for Works, Supplies and Services: Regulates subcontracting in public contracts and provides general principles applicable to private subcontracting relationships
Belgian Labor Law Code: Contains provisions regarding the distinction between employment and subcontracting relationships, helping prevent false self-employment
Law of 12 February 1999 on Subcontracting: Specific legislation addressing chain liability in subcontracting relationships and payment protections
Belgian Social Security Legislation: Determines social security obligations and classifications for independent contractors versus employees
Belgian Value Added Tax Code: Governs VAT obligations and requirements for subcontractors and their services
Act on the Protection of Fair Competition: Ensures fair competition and prevents abuse in business relationships, including subcontracting
Law on Late Payments in Commercial Transactions: Regulates payment terms and provides remedies for late payments in business relationships
General Data Protection Regulation (GDPR): EU regulation implemented in Belgian law governing data protection and privacy in business relationships
Belgian Company Code: Provides framework for business entities and their interactions, including subcontracting relationships
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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