Draft a contract? Find the right document immediately

a contract drawn up is wise whenever agreements are important to your business. Think of agreements with customers, suppliers, contractors, staff, shareholders, investors, or business partners.

A good contract prevents disputes. It stipulates what parties must do, when they must perform, and what happens if agreements are not fulfilled. Conflicts often arise later, particularly regarding payment, delivery, liability, termination, confidentiality, and intellectual property.

MKB Juristen drafts custom contracts. No standard document and no generator, but a legal document that suits your business, industry, working methods, and risks.

Not every situation requires a new contract. Sometimes you already have a document, and a review is sufficient. In that case, we assess whether the contract is legally sound, practically usable, and free of hidden risks.

Having a new contract drawn up is particularly advisable if no suitable document exists yet, if the agreements are important, or if you wish to determine the terms yourself. Having a contract reviewed is especially suitable if the other party has provided a draft or if you doubt whether your existing document is still up to date.

Would you like to have an existing contract reviewed? Then also check out our ContractCheck™.

A standard contract seems cheap and quick. Yet, it often provides a false sense of security. The document is usually written for a different situation, industry, or risk allocation.

As a result, important agreements may be missing. Consider payment terms, limitations of liability, termination options, penalties, retention of title, confidentiality, or transfer of rights.

A standard contract may also contain provisions that you specifically do not want. A contract must not only be legally correct; it must also align with your commercial position and way of working.

A good contract first describes who the parties are and exactly what they are agreeing to. This is followed by provisions regarding price, payment, delivery, performance, deadlines, and responsibilities.

In addition, risk agreements are important. Consider liability, warranties, force majeure, breach of contract, notice of default, termination, dissolution, compensation, and applicable law.

In business contracts, we also consider practical feasibility. A provision has little value if your organization cannot comply with it or prove it in practice.

A contract regulates the specific agreement. General terms and conditions, on the other hand, regulate the standard conditions under which you frequently do business.

Consider payment, delivery, complaints, liability, warranties, force majeure, retention of title, and collection costs. Ondernemersplein rightly points out that general terms and conditions clarify the situation regarding, for example, warranty, liability, and payment, and that you can thereby reduce risks. Read more about general terms and conditions at Ondernemersplein.

General terms and conditions only work well if they suit your business and are declared applicable in the correct manner. Therefore, we check not only the text but also their use in quotations, assignments, order confirmations, and online ordering processes.

In service provision, the scope of the assignment is often the most significant risk. What is covered by the assignment and what is not? When does additional work occur? And when has the contractor performed satisfactorily?

A contract for services must therefore be clear regarding the work, price, schedule, client information, dependencies, liability, and termination.

This applies especially to consultants, freelancers, consultancy firms, creative agencies, IT service providers, and business service providers. It is precisely there that disputes often arise due to unclear expectations.

A cooperation agreement is not just about what the parties will do together. At least as important is what happens if the cooperation turns out to be disappointing.

A collaboration agreement must therefore include provisions regarding the division of tasks, costs, revenues, decision-making, exclusivity, clients, intellectual property, confidentiality, and termination.

Many conflicts arise because parties start enthusiastically but fail to make agreements regarding exit, ownership of results, or the division of costs. A good contract prevents the conflict from being resolved only when the relationship has already been damaged.

For directors, owner-managers, and holding companies, the question often arises whether an employment contract or a management agreement is necessary.

That choice has implications for liability, termination, remuneration, hierarchical relationship, tax position, and social security. A management agreement must therefore be carefully aligned with the articles of association, shareholders' agreement, and actual working methods.

We do not just look at the text of the agreement. We also assess whether the structure suits the company and the role of the director or manager.

Do you process personal data for a customer, supplier, or business partner? If so, a data processing agreement be required.

In it, you specify, among other things, which personal data is processed, for what purpose, which security measures apply, and what parties must do in the event of data breaches or requests from data subjects.

A data processing agreement must align with the actual services provided. A standard text is often insufficient, particularly for software, HR services, marketing, administration, healthcare, platforms, or international data flows.

Purchase and delivery often revolve around price, delivery times, transport, transfer of risk, warranties, and payment. It is precisely these topics that must be clearly defined.

For suppliers, a retention of title clause is often important. This allows for the arrangement that ownership only transfers after full payment. For buyers, on the other hand, security of delivery, quality, warranty, and repair periods are of importance.

Debt collection also deserves attention. A contract or set of terms and conditions must clearly state when payment is due, what interest applies, and what costs may be claimed in the event of late payment.

A contract that worked well in the past may become outdated. Your business changes. You acquire new customers, new services, different margins, larger orders, or international relationships.

Legislation and case law can also change. Therefore, it is wise to have important contracts reviewed periodically. This certainly applies to general terms and conditions, service agreements, SaaS contracts, collaboration agreements, and employment contracts.

Having a contract amended is often cheaper than resolving a conflict after the fact. Small improvements can prevent major evidentiary and liability problems.

The process begins with an intake. We discuss what you wish to arrange, who you do business with, the risks involved, and how you will use the contract in practice.

Next, we will prepare a draft. This draft is tailored to your company, agreements, industry, and commercial position. You will have the opportunity to ask questions and provide feedback on changes.

After the revision round, you will receive the final version. We will explain how to use the contract correctly, ensuring that the document is not only legally sound but also practical.

Not sure exactly which document suits your situation? Then view the overview of contracts and legal documents.

There you will find, among other things, general terms and conditions, service agreements, cooperation agreements, employment contracts, management agreements, data processing agreements, purchase agreements, confidentiality agreements, and shareholders' agreements.

Still unsure? You can also start with legal advice. We will then assess which document or next step is most suitable.

Do you want to have a contract drafted, reviewed, or amended? MKB Juristen helps entrepreneurs with clear, practical, and legally sound documents.

We look at your agreements, industry, risks, and daily practice. As a result, you do not receive a standard document, but a contract that you can actually use.

Do you already have a dispute regarding a contract? Then we can also assess your legal position or assist you within contract law.