If you (as a sales agent or principal) would like to help you establish and negotiate an applicable and legally binding agency contract, or in the event of a dispute or termination of an agency contract, please contact us. The contract should contain basic information, such as the date of the agreement and the contact details of all parties. To protect each party from the negligence of the other parties, you include a compensation clause. Arbitration or mediation clauses are inserted in the event of a dispute over the terms of the agreement. List the service data area and when the interaction begins. Offer one of the parties the option to terminate the contract if it is not already limited to a specified period. In an agency agreement, the form can enter the most important details of the parties` relationship: things like a description of the services the agent will provide, as well as the general business activity of the client and how the client must pay. A good agency agreement will also take into account the captain and agent in the event of a problem: issues such as dispute resolution and existing legislation should be included. In addition, an agency contract is terminated by: another definition of an agency contract is “the relationship between the Authority or a person`s ability to establish or influence legal relationships between another person and third parties.” It sounds more professional, but it means the same thing. In general, an agency is created as follows: WHEREAS, the company and the agent want to enter into an agreement under which the agent markets and sells the product under the following conditions.
Today, agencies have become the norm for businesses because they eliminate the burden of having to deal directly with certain issues. An agency agreement therefore becomes an important document that it must understand when it comes to an agent who, over time, conducts business and makes decisions on your behalf. An agent can be a salesman, a lawyer, an accountant, etc. The non-competitive clause in section 7:443 of the Dutch Civil Code, which contains mandatory provisions, limits the freedom of the sales agent to work after the termination of the agency contract. The clause is only valid if it establishes a clause in an agency contract on the right to payment of goodwill on a bespoke scale and deserves special attention, since both the legal provisions and the provisions of the case law must be taken into account. The form filler will also capture key features of the agreement between the parties, such as the duration for the Agency (if it were to continue indefinitely until the full end of services, or on a specified date), royalty information and, of course, what the Agency is. Ensure that the service agreement contains a detailed breakdown of the Agency`s costs. Service agencies can charge a lump sum or use a performance-based schedule to determine their rates. If the royalties are related to the Agency`s performance, the agreement should list the method of performance verification and royalty calculation. Long-term agreements should also provide a timetable for future rate increases. Another important judgment, which emphasizes the importance of the applicable law, is the so-called UNAMAR decision. The result of this decision is that a Dutch client, who appoints a Belgian representative and makes a legal choice in favour of Dutch law, is not obliged to subject the client to the wider protection of the agent under Belgian law, unless the Belgian court decides that strengthening the protection of the Belgian representative serves a fundamental national interest.