Self Employed Consultant Agreement (Long) - Client Version

Self Employed Consultant Agreement (Long) - Client Version

TR.C&L.06.04

This form of Self-Employed Consultant Agreement (Long) - Client Version provides greater protection to the Client company than the Provider Version. Unlike that version, this form contains various provisions which favour the Client, including undertakings by the consultant as to Non-Solicitation and Non-Competition, and the option of including a clause vesting in the Client (rather than the Consultant) the rights to Intellectual Property in respect of work performed.

This agreement is suitable where a company intends to appoint an independent contractor as a consultant who is a self-employed sole trader providing consulting services, where the work is of high value or the relationship between the parties is complex or is to be for a reasonable duration.

This template aims to reduce the risk that the individual consultant might be deemed to be a de-facto employee of the other company rather than, as stated in this agreement, a sole trader who is a self-employed contractor. However, 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.

This document contains provisions compliant with the relevant data protection law.

This Self-Employed Consultant Agreement (Long) - Client 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. Engaging Professional Advisers or Experts

6. Use of Assistants

7. Tax and NI

8. Insurance

9. Fees and Expenses

10. Late Payment

11. Access to Company Premises and Facilities

12. Intellectual Property

13. Termination

14. Effects of Termination

15. Confidentiality

16. Force Majeure

17. No Waiver

18. Severance

19. Entire Agreement

20. Non Assignment

21.Third Party Liability

22. Notices and Service

23. Data Protection

24. Data Processing

25. Status of Consultant and Assistants

26. Nature of Engagement etc

27. Restrictions on Consultant etc.

28. Liability of Company for Inaccurate Information

29. Agreement in Counterparts

30. Set Off

31. Arbitration

32. Applicable Law and Jurisdiction

Schedule:

A. Scheduled Services

B. Time for Completion of Scheduled Services

C. Fees

D. Invoices and Receipts/Vouchers

E. Permit or Permissions

F. Safety and Security Requirements

G. Facilities

H. Locations and Facilities

I. Data Processing

J. Assistants  

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