The Business Consultant Contract serves as a fundamental legal instrument for establishing professional consulting relationships under Belgian law. This document is essential when engaging external consultants or consulting firms to provide specialized business advisory services, strategic guidance, or project-specific expertise. It carefully addresses the independent nature of the consulting relationship to avoid misclassification under Belgian employment law, while incorporating necessary provisions for data protection (GDPR), intellectual property rights, and confidentiality. The contract is structured to comply with Belgian civil and commercial codes, making it suitable for both domestic and international consulting arrangements where Belgian law applies. It includes comprehensive terms covering service scope, deliverables, payment conditions, and liability provisions, while maintaining flexibility to accommodate various consulting scenarios.
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1. Parties: Identification of the consultant and the client company, including registration details and addresses
2. Background: Context of the agreement and confirmation of consultant's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of consulting services to be provided
5. Term and Engagement: Duration of the agreement and terms of engagement
6. Consultant's Obligations: Key responsibilities, availability, and performance standards
7. Client's Obligations: Support, access, and information to be provided by the client
8. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
9. Independent Contractor Status: Explicit confirmation of independence and tax/social security obligations
10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP
11. Confidentiality: Protection of business information and trade secrets
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Termination: Grounds for termination and consequences
15. Post-Termination Obligations: Continuing obligations after contract end
16. Governing Law and Jurisdiction: Belgian law application and dispute resolution
1. Non-Competition: Restrictions on competing activities, if applicable to the consulting relationship
2. Non-Solicitation: Restrictions on soliciting clients or employees, if needed
3. Insurance: Professional liability insurance requirements, if required for the services
4. Force Majeure: Provisions for unforeseen circumstances preventing performance
5. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors
6. Audit Rights: Client's rights to audit consultant's work, if required
7. Key Personnel: Identification of specific individuals who will provide services, for larger projects
8. Service Levels: Specific performance metrics and standards, for complex engagements
1. Schedule 1 - Services Description: Detailed scope of work, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and quality standards
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
5. Schedule 5 - Project Timeline: Detailed project phases and milestones
6. Appendix A - Required Qualifications: Specific qualifications or certifications required
7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix C - Client Policies: Relevant client policies that consultant must comply with
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