Self Employed Consultant Agreement (Long) - Provider Version

Self Employed Consultant Agreement (Long) - Provider Version


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 document is compliant with the GDPR (General Data Protection Regulation).

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. Data Protection
11. Data Processing
13.Effects of Termination
15.Force Majeure
16.Relationship of Parties
17.No Waiver
19.Entire Agreement
20.Non Assignment
21.Third Party Liability
22.Notices and Services
24.Agreement in Counterparts
25.Set Off
26.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
H. Data Processing

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