About this document
This consultancy terms and conditions agreement is suitable for:
- 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.
This consulting agreement has been drawn as a starting point for negotiation but can also be adapted to be a terms and conditions document so as to be published on a website or presented to the client as “my terms” – that is, a take it or leave it contract. Of course 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?
- Read more on IR35 and self employment by clicking the link at the top of this page.
This document is not suitable if you are really an employee. Not sure? Read the free information on IR35 and self employment linked above. 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.
Application and features
- “Over-arching” agreements to be used for multiple 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.
Contents
- Consultant's obligations;
- Consultant's status;
- Consultant's fees and expenses;
- Duration and termination;
- Data protection;
- Insurance;
- Confidentiality;
- Intellectual property;
- Appropriate legal provisions - warranties, exclusions, indemnities;
- Explanatory guidance notes taking you through, step by step.
Draftsman
This document is drawn and maintained by qualified lawyers at Net Lawman. It is real law in plain English.
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