Self Employed Consultant Agreement (Long) - Provider Version

Self Employed Consultant Agreement (Long) - Provider Version

BS.CONS.05

This form of Self-employed Consultant Agreement (Long) - Provider Version provides an extensive contract for a contractor who is a sole trader to use where he/she intends to perform services as a self-employed consultant for a company. (It is also suitable where the contractor is an individual, a sole trader or a partnership.) This version is more favourable to the consultant than the client version in that it does not include Non-Solicitation or Non-Competition undertakings from the consultant to protect the client, and it includes a clause vesting the Intellectual Property in respect of work performed in the consultant (rather than in the client, as is the position in the client version).

This template is appropriate where the work is of high value or the relationship between the parties is complex or is to be for a reasonable length of time. With minor amendments, it can easily be adapted for use where the client is an individual.

This form of agreement aims to reduce the risk that the individual consultant might be deemed to be a de-facto employee of the other party rather than a sole trader who is a self-employed contractor but whether in law he is self-employed will depend on all circumstances (not just on the terms of this agreement). The relevant HMRC guidance and case law are not sufficiently precise to provide a simple answer on the point and so we recommend that you take professional employment law, tax, and NIC advice in relation to your circumstances before you decide to use this form of agreement. Nevertheless, a carefully worded contract ensuring the independence of the individual consultant is a key starting point. 

Where the consultant is an incorporated company (rather than an individual sole trader) the alternative drafted for this purpose, the Consultancy Agreement (Long) – Company (engaging employees/subcontractors should be used.

This Self-employed Consultant Agreement (Long) - Provider Version contains the following clauses:

1. Definitions and Interpretations

2. Appointment of the Consultant and Duration

3. Time for Performance

4. Obligations of the Consultant

5. Warranties of the Consultant

6. Fees and Expenses

7. Late Payment

8. Access and Facilities

9. Intellectual Property

10.Personal Data

11.Termination

12.Effects of Termination

13.Confidentiality

14.Force Majeure

15.Relationship of Parties

16.No Waiver

17.Severance 

18.Entire Agreement

19.Non Assignment

20.Third Party Liability

21.Notices and Services

22.Arbitration

23.Agreement in Counterparts

24.Set Off

25.Applicable Law and Jurisdiction

Schedule includes:-

A. Scheduled Services

B. Time for Completion of Scheduled Services

C. Fees

D. Invoices and Receipts

E. Permit or Permissions

F. Safety and Security Requirements

G. Facilities 

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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