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Framework agreement

ARTICLE 1 SCOPE

ARTICLE 2 ESTABLISHMENT OF THE AGREEMENT

  • +either at the moment that the assignment letter signed by the client is received by the professional and signed by him,
  • +or at the moment that the professional commences with the execution of the assignment at the request of the client, if this commencement would take place at an earlier time. In this case, the client undertakes to sign the assignment letter without delay and to send it to the professional.

ARTICLE 3 DURATION AND TERMINATION OF THE AGREEMENT

3.1 Recurring assignments

3.1 1 Definition

3.1.2 Duration and end of the agreement

  • +The other party must be notified of the termination by registered post or by e-mail.
  • +A notice period of three months commences on the first day following the month of notification of the cancellation by registered letter.

3.2 Non-recurring assignments

3.2 1 Definition

3.2.2 Duration and end of the agreement

  • +All costs and fees corresponding to the work already carried out by the professional (this is independent of the chosen invoicing system or frequency); 
  • +All lost allowances and fees that the professional could have obtained in the execution of the assignment.

3.3 Handover

ARTICLE 4 IMMEDIATE TERMINATION FOR CERTAIN REASON(S)

  • +Circumstances that threaten the independence of the professional.
  • +Circumstances that make the execution of the assignment impossible in accordance with the professional and ethical standards applicable to the professional.
  • +The apparent or repeated shortcoming(s) of the client with respect to its own obligations as described in the present agreement and in the order letter.
  • +In the event of judicial reorganisation, bankruptcy, dissolution procedure or apparent incapacity of the client.

ARTICLE 5 SUSPENSION OF THE IMPLEMENTATION OF THE COMMITMENTS

ARTICLE 6 RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1 Confidential information

6.2 Rights and obligations of the professional

6.3 Rights and obligations of the client

ARTICLE 7 COSTS AND FEES

7.1 Determination of costs and fees

7.2 Costs to third parties

7.3 Updating of the fees

7.4 Payment conditions

7.5 Interim invoicing

7.6 Contesting the statement of costs and fees

ARTICLE 8 LIABILITY

  • +a) The entire liability on the part of the professional (contractual, extra-contractual or otherwise) for all assignments under this agreement is limited to five times the agreed fees for these assignments.
  • +b) If two or more claims are the result of the same error committed by the professional, they shall be deemed to constitute a single instance of liability and the liability of the professional shall therefore be limited to the highest liability amount applicable to the assignments or contracts in question.
  • +c) Unless otherwise required by law, the professional shall in no event be liable for damages resulting from (a) loss of profit, goodwill, commercial opportunities or anticipated cost savings or benefits, (b) loss or misuse of data or (c) indirect loss or consequential damages.
  • +d) The professional may also only be held liable for compensation for the net damage suffered by the client.

ARTICLE 9 PROFESSIONAL INDEMNITY INSURANCE IN RESPECT OF THE PROFESSIONAL

ARTICLE 10 DETECTION OF FRAUD, MISTAKES AND NON-COMPLIANCE WITH THE LAWS AND REGULATIONS

ARTICLE 11 INTELECTUAL PROPERTY RIGHTS

ARTICLE 12 STORAGE OF RECORDS AND WORK DOCUMENTS

ARTICLE 13 RECRUITMENT BAN

ARTICLE 14 PROCESSING OF PERSONAL DATA

ARTICLE 15 PROFESSIONAL AS A DATA PROCESSOR

ARTICLE 16 ELECTRONIC TRANSFER OF DATA, ELECTRONIC STORAGE OF DATA, ELECTRONIC SIGNATURE

ARTICLE 17 INDEPENDENT SERVICE PROVIDERS

ARTICLE 18 FORCE MAJEURE

ARTICLE 19 TRANSFER

ARTICLE 20 INVALIDITY OF ONE OR MORE PROVISIONS

ARTICLE 21 ANNEXES TO THE AGREEMENT

ARTICLE 22 COMPLETE AGREEMENT

ARTICLE 23 APPLICABLE LAW AND RESOLUTION OF DISPUTES