This Freelance Work Agreement is designed for use in Belgium when engaging independent contractors for professional services. It provides a legally compliant framework under Belgian law for documenting the business relationship between clients and freelancers, clearly establishing the self-employed nature of the engagement. The agreement includes essential provisions required by Belgian legislation regarding independent contractor status, social security obligations, and tax considerations. It addresses key aspects such as service delivery, compensation, intellectual property rights, data protection under GDPR, and confidentiality obligations. This document is particularly important in the Belgian context where authorities closely scrutinize independent contractor relationships to prevent misclassification of employment relationships.
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1. Parties: Identification of the client and the freelancer, including full legal names, addresses, and registration/VAT numbers
2. Background: Context of the agreement and confirmation of freelancer's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the freelancer
5. Term and Termination: Duration of the agreement and conditions for termination by either party
6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing requirements
7. Independent Contractor Status: Clear statement of freelancer's self-employed status and relationship with client
8. Obligations of the Freelancer: Freelancer's commitments regarding service delivery, quality, and professional conduct
9. Obligations of the Client: Client's commitments regarding cooperation, information provision, and payment
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 Indemnification: Limitation of liability and indemnification obligations
13. Insurance: Required insurance coverage to be maintained by the freelancer
14. Data Protection: GDPR compliance and data processing obligations
15. Governing Law and Jurisdiction: Application of Belgian law and jurisdiction for disputes
1. Non-Compete: Restrictions on competing activities, if applicable and reasonable under Belgian law
2. Equipment and Resources: Provisions regarding tools and resources provided by either party
3. Performance Metrics: Specific KPIs or quality standards for service delivery
4. Subcontracting: Terms governing the freelancer's right to subcontract work
5. Force Majeure: Provisions for unforeseen circumstances preventing performance
6. Training and Support: Terms regarding any training or support provided by the client
7. Amendments and Variations: Process for modifying service scope or agreement terms
8. Notice Requirements: Specific procedures for formal communications between parties
9. Dispute Resolution: Alternative dispute resolution procedures before court litigation
1. Schedule 1: Service Description: Detailed specification of services, deliverables, and technical requirements
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, expenses, and payment terms
3. Schedule 3: Project Timeline: Milestones, deadlines, and delivery schedule
4. Schedule 4: Quality Standards: Specific quality requirements and acceptance criteria
5. Schedule 5: Contact Details: Key contacts and escalation procedures
6. Appendix A: Data Processing Agreement: Detailed GDPR compliance terms if personal data processing is involved
7. Appendix B: Confidentiality Agreement: Detailed confidentiality terms and requirements
8. Appendix C: Service Level Agreement: Specific performance standards and metrics if applicable
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