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
Consultancy agreements for an IT consultant company
Who will use this document?
An IT consultant who is requires terms and conditions to out on their website
It is not suitable if:
If you require clients to pay other than over the Internet. In that case, you need either:
· ‘Consultancy agreement for IT work: individual or partnership’;
or
· Consultancy agreement for an IT work: company
Key features:
- all inclusive terms and conditions to protect your interests;
- for the provision of nay type of IT services;
- provides a complete framework;
- comprehensive clauses to protect intellectual property;
- 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?
It is essential that you set out your terms and conditions when you sell via the Internet. You have an additional duty to sell your services in line with the Distance Selling Regulations. This document aids compliance in this important area.
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,
