This Freelance Contract template is designed for use under Belgian law when engaging independent contractors for professional services. It addresses key requirements of Belgian legislation, including the Programme Law of 27 December 2006 criteria for independent contractor relationships, social security provisions, and tax compliance requirements. The document is particularly relevant when organizations need to engage external expertise while maintaining clear distinction from employment relationships. It includes comprehensive provisions for service scope, payment terms, intellectual property rights, confidentiality, and data protection, ensuring both parties' interests are protected while maintaining compliance with Belgian regulatory requirements. The contract is structured to minimize risks of contractor misclassification while providing flexibility for various types of professional services.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration numbers (if applicable)
2. Background: Context of the agreement and confirmation of the freelancer's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the freelancer
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Compensation, payment schedule, expenses, and invoicing requirements including VAT provisions
7. Independent Contractor Status: Clear statement of independent contractor relationship and autonomy in service delivery
8. Obligations of the Freelancer: Key responsibilities, quality standards, and delivery requirements
9. Obligations of the Client: Client's responsibilities, including provision of necessary information and materials
10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Insurance: Liability limitations and required insurance coverage
13. Data Protection: GDPR compliance and data processing obligations
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution process
1. Non-Competition: Restrictions on competing activities during and after the contract (use when protecting client's market position is crucial)
2. Non-Solicitation: Restrictions on soliciting client's employees or customers (use when protecting client relationships is important)
3. Equipment and Resources: Provisions regarding tools and resources provided by either party (use when specific equipment or resources are required)
4. Performance Metrics: Specific KPIs and quality standards (use for complex or long-term projects)
5. Substitute Personnel: Right to provide substitute personnel (use when service continuity is critical)
6. Force Majeure: Provisions for unforeseen circumstances (use for long-term or high-value contracts)
7. Change Control: Process for managing changes to services or terms (use for complex or evolving projects)
8. Compliance with Client Policies: Adherence to specific client policies (use when freelancer works on client premises or systems)
1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and technical requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions
5. Appendix A - Client Policies: Relevant client policies and procedures
6. Appendix B - Project Timeline: Key milestones and delivery dates
7. Appendix C - Insurance Requirements: Specific insurance coverage requirements and limits
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