The Self Employed Agreement is essential for businesses operating in Belgium who engage independent contractors or freelance professionals. This document is specifically designed to comply with Belgian legal requirements, including the Program Law of 27 December 2006 and related legislation governing independent contractor relationships. It's particularly important given Belgium's strict regulations on distinguishing between employment and self-employment. The agreement covers critical aspects such as service scope, payment terms, intellectual property rights, and data protection, while explicitly establishing the independent nature of the relationship. It's suitable for various professional services and includes necessary provisions for tax and social security compliance, making it an essential tool for both businesses and independent professionals operating in the Belgian market.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration numbers (CBE/KBO numbers)
2. Background: Context of the agreement and confirmation of the parties' intention to enter into a self-employed relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the self-employed contractor
5. Independent Contractor Status: Clear statement of independent contractor relationship and distinction from employment
6. Term and Termination: Duration of the agreement and conditions for termination
7. Fees and Payment Terms: Compensation, payment schedule, and invoicing requirements including VAT considerations
8. Obligations of the Contractor: Key responsibilities, quality standards, and delivery requirements
9. Obligations of the Client: Client's responsibilities including provision of information and access
10. Tax and Social Security: Confirmation of contractor's responsibility for tax and social security contributions
11. Intellectual Property: Ownership and rights regarding work products and pre-existing IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Insurance: Limitation of liability and required insurance coverage
14. Data Protection: GDPR compliance and data processing obligations
15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
1. Non-Compete: Restrictions on competing activities, only include if relevant and ensuring compliance with Belgian competition law
2. Equipment and Resources: Specifications about tools and resources, include if contractor uses significant client equipment
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
4. Substitution Rights: Right to provide substitute contractor, important for strengthening self-employed status
5. Quality Standards: Specific quality requirements, include for technical or professional services
6. Training and Certification: Required qualifications and ongoing training, relevant for specialized services
7. Health and Safety: Safety requirements, particularly relevant for on-site services
8. Client Policies: Adherence to specific client policies, include if contractor works on client premises
9. Assignment Rights: Rights to assign the contract, include for larger commercial relationships
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and quality standards if applicable
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
5. Schedule 5 - Insurance Requirements: Specific insurance coverage requirements and limits
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Required Certifications: Copies or lists of required professional certifications
8. Appendix C - Client Policies: Relevant client policies that contractor must comply with
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