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.
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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
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
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
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