We have a number of other documents which might be suitable. Please be sure to read the introductory pages to each before you choose which is right for you. If you need help choosing, please send us a message.
Consultancy agreement
Terms and conditions for a consultant
Contract for services by self employed person
Consultancy agreements for IT work: individual or partnership
Terms and conditions for an IT consultant
Who will use this document?
- an IT consultant who is consulting for a company (the client);
- a “client” company requiring a contract to set out trading terms with an IT consultant;
It is not suitable if:
· You are really an employee. Not sure? Read the free information on IR35 and self employment here. If you are, your employee must, by law, give you a paper setting out the basic terms under which you work. An employment contract is more suitable.
· If you provide services for an individual or partnership, choose Consultancy agreement for IT work: individual or partnership.
Key features:
- “over-arching” agreements designed for ongoing use to cover a series of assignments;
- can be used for single assignments;
- consultant to work from home or office;
- very flexible to suit the requirements of either or both parties;
- provides a complete framework;
- protects both sides;
- establishes as far as possible a self employed status for the purposes of IR35;
- reduces the chances for employer obligations to arise.
Why use this document?
For thousands of self employed people some version of this document will be presented to a new client as “my contract”. For any business using self employed people it provides the essential starting point for the relationship.
Note however, that although the agreement clothes the transaction with all the characteristics of self employment, simply using one of these contracts will not necessarily avoid the relationship of employer and employed. Both the Inland Revenue and any industrial tribunal will be entitled to look behind the agreement at the reality of the contract. Some of the questions they might ask are:
- is this the contractors only work or does he work for others too?
- does the client control how the work is done?
- are the hours fixed by the client or can the contractor choose when he works?
- does the contractor work on the clients premises, using the client's equipment?
- to what extent is the contractor at risk as a self employed person?
- is self employment normal for this kind of work?
- More on IR35 and self employment.
This document includes the following provisions:
- obligations of both parties;
- fees and expenses;
- data protection;
- duration and termination
- matters after termination
- insurance
- confidentiality
- intellectual property
- appropriate legal provisions - warranties, exclusions, indemnities,
