The Subcontractor Agreement For Services is a critical document used when a main contractor needs to engage third-party service providers to fulfill obligations under a primary contract. This agreement, governed by Belgian law, ensures compliance with strict local regulations regarding subcontracting relationships, including chain liability, social security obligations, and worker protection. It is particularly important in Belgium where subcontracting relationships are heavily regulated and require specific provisions for joint liability and worker rights. The document typically includes detailed service specifications, performance standards, payment terms, and compliance requirements. It also addresses key Belgian legal requirements such as mandatory insurance, VAT regulations, and data protection obligations under GDPR. This agreement is essential for protecting both parties' interests while ensuring regulatory compliance in the Belgian business environment.
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1. Parties: Identification and details of the contractor and subcontractor, including registration numbers and authorized representatives
2. Background: Context of the agreement, relationship to main contract, and purpose of the subcontracting arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the subcontractor
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. Payment Terms: Fees, payment schedule, invoicing requirements, and late payment provisions
7. Performance Standards: Quality requirements, KPIs, and service level expectations
8. Obligations of the Subcontractor: Key responsibilities, compliance requirements, and performance commitments
9. Obligations of the Contractor: Contractor's responsibilities including provision of information and access
10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
11. Insurance: Required insurance coverage and minimum limits
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: GDPR compliance and data processing obligations
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Governing Law and Jurisdiction: Application of Belgian law and dispute resolution procedures
1. Intellectual Property Rights: Include when services involve creation of IP or use of existing IP
2. Non-Competition: Include when there are concerns about competitive activities
3. Personnel Requirements: Include when specific qualifications or security clearances are required
4. Environmental Requirements: Include for services with environmental impact
5. Social Security Compliance: Include when subcontractor will employ workers for service delivery
6. Change Control: Include for long-term or complex services requiring flexibility
7. Audit Rights: Include when regular auditing of services or compliance is needed
8. Security Requirements: Include when services involve access to sensitive systems or facilities
9. Exit Assistance: Include for critical services requiring transition support
10. Anti-Corruption Compliance: Include when working with public sector or high-risk industries
1. Schedule 1 - Service Specifications: Detailed technical specifications of services to be provided
2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Specific KPIs, measurement methods, and reporting requirements
4. Schedule 4 - Approved Personnel: List of key personnel approved to perform services
5. Schedule 5 - Required Insurance: Specific insurance requirements and coverage limits
6. Schedule 6 - GDPR Processing Requirements: Detailed data processing obligations and requirements
7. Schedule 7 - Security Procedures: Security protocols and requirements for service delivery
8. Schedule 8 - Form of Reports: Templates and formats for required reporting
9. Appendix A - Main Contract Extract: Relevant provisions from the main contract affecting subcontractor
10. Appendix B - Compliance Certificates: Required certifications and compliance documents
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