Master Subcontractor Agreement Template for Belgium

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Key Requirements PROMPT example:

Master Subcontractor Agreement

"Need a Master Subcontractor Agreement under Belgian law for our IT consultancy business, focusing on data protection and remote working arrangements, to be implemented by March 2025 for our network of European freelance developers."

Document background
This Master Subcontractor Agreement is designed for use under Belgian law when a company needs to establish a long-term framework for engaging subcontractors. It provides a comprehensive structure that complies with Belgian legal requirements while maintaining flexibility for specific work orders. The agreement is particularly relevant for businesses operating in Belgium that regularly subcontract services or works, requiring a standardized approach to manage multiple subcontractor relationships. It addresses crucial elements including chain liability, social security obligations, and worker protection requirements specific to Belgian law, while incorporating relevant EU regulations. The document serves as an umbrella agreement under which specific work orders can be issued, streamlining the procurement process while ensuring consistent terms and compliance.
Suggested Sections

1. Parties: Identification and details of the main contractor and subcontractor

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Defined terms used throughout the agreement

4. Scope of Services: General framework for services to be provided by subcontractor

5. Ordering Process: Procedures for requesting and accepting specific work orders

6. Subcontractor Obligations: Key responsibilities and commitments of the subcontractor

7. Main Contractor Obligations: Key responsibilities and commitments of the main contractor

8. Quality Standards: Required quality levels and standards for service delivery

9. Pricing and Payment Terms: Fee structure, invoicing, and payment conditions

10. Intellectual Property Rights: Ownership and usage rights of IP created during service provision

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Insurance: Required insurance coverage and minimum limits

15. Term and Termination: Duration of agreement and termination provisions

16. Force Majeure: Handling of events beyond parties' reasonable control

17. Governing Law and Jurisdiction: Application of Belgian law and dispute resolution

18. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

Optional Sections

1. Health and Safety: Specific health and safety requirements, particularly relevant for construction or industrial services

2. Environmental Compliance: Environmental obligations and standards, important for projects with environmental impact

3. Security Requirements: IT or physical security requirements, relevant for sensitive projects or locations

4. Personnel Requirements: Specific qualifications or certifications required for subcontractor personnel

5. Equipment and Materials: Provisions regarding supply and maintenance of equipment, relevant when physical assets are involved

6. Performance Metrics: Specific KPIs and service levels, useful for long-term or complex service arrangements

7. Audit Rights: Detailed audit provisions, important for regulated industries or complex projects

8. Chain Liability: Provisions for sub-subcontractors, relevant when further subcontracting is permitted

9. Export Control: Export control compliance, necessary for international operations or controlled goods

10. Social Security Compliance: Detailed social security obligations, particularly important for labor-intensive services

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed description of services to be provided

2. Schedule 2 - Rate Card: Detailed pricing structure and rates for different service categories

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

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

5. Schedule 5 - Approved Sub-subcontractors: List of pre-approved sub-subcontractors if applicable

6. Schedule 6 - Security Policies: Detailed security requirements and procedures

7. Schedule 7 - HSSE Requirements: Detailed health, safety, security, and environmental requirements

8. Schedule 8 - Required Certifications: List of required certifications and qualifications

9. Appendix A - Form of Work Order: Template for individual work orders under the master agreement

10. Appendix B - Acceptance Testing Procedures: Procedures for accepting completed work

11. Appendix C - Change Order Template: Template for documenting changes to work orders

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

Construction

Information Technology

Manufacturing

Professional Services

Engineering

Facilities Management

Industrial Services

Energy

Telecommunications

Transport and Logistics

Healthcare

Research and Development

Defense

Maritime Services

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Risk and Compliance

Finance

Human Resources

Quality Assurance

Health Safety and Environment

Commercial

Supply Chain

Project Management Office

Vendor Management

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

Project Manager

Operations Director

Supply Chain Manager

Risk Manager

Compliance Officer

Commercial Director

Technical Director

HR Director

Finance Manager

Quality Assurance Manager

Health and Safety Manager

Vendor Management Officer

Industries
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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