Self Employed Consultant Agreement (Long) - Client Version
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.
The data protection provisions in this document have been updated with reference to the UK GDPR.
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
9. Fees and Expenses
10. Late Payment
11. Access to Company Premises and Facilities
12. Intellectual Property
14. Effects of Termination
16. Force Majeure
17. No Waiver
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
32. Applicable Law and Jurisdiction
A. Scheduled Services
B. Time for Completion of Scheduled Services
D. Invoices and Receipts/Vouchers
E. Permit or Permissions
F. Safety and Security Requirements
H. Locations and Facilities
I. Data Processing
This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.