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Contractor Subcontractor Agreement

Contractor Subcontractor Agreement Template for Belgium

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Key Requirements PROMPT example:

Contractor Subcontractor Agreement

"I need a Contractor Subcontractor Agreement under Belgian law for an IT development project where we'll be engaging a specialized software development company to create custom enterprise software, with specific provisions for data protection and IP ownership, starting March 2025."

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Document background
The Contractor Subcontractor Agreement is essential for businesses operating in Belgium that delegate specific tasks or projects to specialized service providers. This document is crucial for establishing clear contractual relationships while ensuring compliance with Belgian legal requirements, including social security regulations, tax obligations, and labor laws. It is particularly important given Belgium's strict regulations on chain liability and the distinction between genuine subcontracting and disguised employment. The agreement covers essential elements such as scope of work, payment terms, liability provisions, and compliance requirements, while addressing specific Belgian legal considerations such as joint liability for social security contributions and anti-fraud measures. This type of agreement is commonly used when a company needs to engage external expertise or additional capacity while maintaining control over the overall project delivery and ensuring proper risk allocation.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the subcontracting arrangement

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, renewal terms, and conditions for termination

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

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

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

9. Independent Contractor Status: Clear establishment of independent contractor relationship and not employment

10. Liability and Indemnification: Allocation of risks, insurance requirements, and indemnification obligations

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Ownership and usage rights of IP created during the project

13. Compliance with Laws: Obligation to comply with Belgian laws, including social security and tax regulations

14. Dispute Resolution: Process for resolving disputes, including jurisdiction and applicable law

15. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Health and Safety Requirements: Detailed safety protocols when work involves physical presence or hazardous activities

2. Equipment and Materials: Provisions regarding supply and maintenance of equipment when relevant to the services

3. Performance Metrics: Specific KPIs and measurement criteria for complex service arrangements

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

5. Subcontracting: Terms for further subcontracting if allowed

6. Non-Compete: Restrictions on competitive activities where relevant to protect business interests

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

8. Force Majeure: Provisions for unforeseen circumstances affecting performance

9. Environmental Compliance: Environmental obligations for projects with environmental impact

10. Training Requirements: Specific training or certification requirements for specialized services

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and requirements of the services

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

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

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

5. Schedule 5 - Key Personnel: List of key personnel assigned to the project

6. Schedule 6 - Timeline and Milestones: Project schedule and key deliverable dates

7. Schedule 7 - Compliance Requirements: Specific regulatory and compliance requirements

8. Appendix A - Required Forms: Standard forms for reporting, invoicing, and documentation

9. Appendix B - Health and Safety Procedures: Detailed safety protocols and procedures

10. Appendix C - Quality Control Procedures: Detailed quality assurance and control procedures

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Personnel
Background IP
Business Day
Commencement Date
Confidential Information
Contract Price
Contractor Materials
Deliverables
Delivery Location
Dispute
Documentation
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Main Contract
Milestone
Payment Schedule
Performance Standards
Project
Project Manager
Project Schedule
Quality Standards
Representatives
Scope of Works
Services
Site
Specifications
Subcontractor Materials
Term
Termination Date
Third Party
Variation
Working Hours
Works
DIMONA Declaration
Social Security Contributions
VAT
Chain Liability
Professional Insurance
Health and Safety Requirements
Environmental Requirements
Quality Management System
Warranty Period
Clauses
Interpretation
Appointment
Term
Services
Independent Contractor Status
Payment
Invoicing
Performance Standards
Personnel
Compliance
Social Security
Tax Obligations
Warranties
Representations
Insurance
Liability
Indemnification
Chain Liability
Intellectual Property
Confidentiality
Data Protection
Health and Safety
Equipment and Materials
Quality Control
Progress Reporting
Audit Rights
Subcontracting
Assignment
Force Majeure
Termination
Consequences of Termination
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Anti-Corruption
Environmental Compliance
Relevant Industries

Construction

Information Technology

Manufacturing

Professional Services

Engineering

Telecommunications

Energy

Transport and Logistics

Facilities Management

Healthcare

Research and Development

Industrial Services

Maritime and Shipping

Automotive

Relevant Teams

Legal

Procurement

Operations

Finance

Risk and Compliance

Commercial

Supply Chain

Project Management Office

Business Development

Vendor Management

Technical Operations

Contract Administration

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Manager

Operations Director

Commercial Director

Risk Manager

Compliance Officer

Finance Director

Business Development Manager

Technical Director

Supply Chain Manager

General Counsel

Chief Operating Officer

Vendor Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental law governing contractual relationships, obligations, and liability between parties in Belgium
Law of 12 July 1978 on Commercial Agency Agreements: While primarily for commercial agents, this law provides important principles for independent contractor relationships
Act of 24 July 1987 on Temporary Work: Contains provisions on the distinction between employment and independent contractor relationships, crucial for avoiding misclassification
Belgian Social Security Law (DIMONA regulations): Regulations regarding social security obligations and declarations for subcontractors
Law of 16 March 1971 on Working Hours: Relevant for ensuring proper classification of independent contractors versus employees
Belgian Tax Code: Provisions regarding VAT obligations and tax treatment of contractor-subcontractor relationships
Law of 4 August 1996 on Well-being of Workers: Health and safety obligations in subcontracting relationships
Act on Public Procurement and Certain Contracts for Works (if applicable): Specific requirements for subcontracting in public procurement contexts
Law of 12 April 1965 on the Protection of Workers' Remuneration: Provisions affecting payment terms and wage protection in contracting chains
Law of 27 June 1969 on Social Security: Regulations on joint liability for social security contributions in 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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