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IT Subcontractor Agreement
"I need an IT Subcontractor Agreement under Belgian law for a cybersecurity consultant who will be working on our banking client's infrastructure upgrade project starting March 2025; must include strong data protection clauses and security protocols."
1. Parties: Identification of the contracting parties: the main contractor and the IT subcontractor
2. Background: Context of the agreement, including the main contractor's relationship with its client and need for subcontracted services
3. Definitions: Key terms used throughout the agreement, including technical IT terminology
4. Scope of Services: Detailed description of IT services 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 expense policies
7. Independent Contractor Status: Clear establishment of independent contractor relationship and tax/social security obligations
8. Performance Standards: Quality requirements, KPIs, and service levels
9. Intellectual Property Rights: Ownership and licenses for existing and created IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Warranties and Representations: Subcontractor's warranties regarding services and capabilities
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Insurance: Required insurance coverage and limits
15. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Non-Competition: Restrictions on working with competitors or clients, include when protecting market position is crucial
2. Equipment and Resources: Provisions for equipment or resource provision, include when contractor uses client/company resources
3. Security Requirements: Specific IT security protocols and requirements, include for sensitive systems access
4. Change Control: Procedures for changing scope or specifications, include for complex or long-term projects
5. Disaster Recovery: Business continuity requirements, include for critical systems support
6. Knowledge Transfer: Requirements for documentation and training, include when service continuity is crucial
7. Subcontractor Personnel: Requirements for staff qualifications and replacement, include when specific expertise is required
8. Source Code Escrow: Source code protection arrangements, include for custom software development
1. Schedule A - Services Description: Detailed technical specifications of IT services to be provided
2. Schedule B - Service Levels: Specific performance metrics, response times, and quality standards
3. Schedule C - Rate Card: Detailed pricing, rates, and payment terms
4. Schedule D - Data Processing Agreement: GDPR-compliant data processing terms and conditions
5. Schedule E - Security Requirements: Detailed IT security protocols and compliance requirements
6. Appendix 1 - Key Personnel: List of key subcontractor personnel assigned to the services
7. Appendix 2 - Approved Subcontractors: List of any approved lower-tier subcontractors
8. Appendix 3 - Technical Requirements: Specific technical standards and requirements
Authors
Information Technology
Software Development
IT Consulting
Digital Services
Telecommunications
Financial Services
Healthcare Technology
E-commerce
Cloud Services
Cybersecurity
System Integration
Digital Transformation
Legal
Procurement
Information Technology
Human Resources
Compliance
Operations
Finance
Risk Management
Vendor Management
Project Management Office
IT Project Manager
Legal Counsel
Procurement Manager
Contract Manager
IT Services Director
Chief Technology Officer
HR Director
Compliance Officer
Operations Manager
IT Consultant
Software Developer
System Administrator
Information Security Officer
Technology Vendor Manager
Business Development Manager
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