Self Employed Consultant Agreement (Medium) - Provider Version
This form of Self-Employed Consultant Agreement (Medium) - Provider Version has been specifically drafted to favour the consultant and contains provisions creating additional protection for the consultant and to reflect current best practice.
This template can be used by a sole trader who is a self-employed contractor where he/she intends to perform services for a company. It can also be easily adapted for use where the client is a private 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.
This self-employed version of the agreement should not be used by a consulting company, irrespective of whether that company is used as an individual consultant's personal service company or other intermediary company.
Where the consultant engaged is a company, the accompanying equivalent form of agreement is the Consultancy Agreement (Medium) – Company (engaging employees/subcontractors) . It may be used instead in that case. It provides for the consulting company to use staff engaged by it to provide services to its client.
Where further provisions (including insurance, specific clauses relating to premises and further contractual protection for the parties) are required, the self-employed consultant should refer to the accompanying long form Self-employed Consultant Agreement (Long) - Provider Version instead of this Self-Employed Consultant Agreement (Medium) - Provider Version.
The data protection provisions in this document have been updated with reference to the UK GDPR.
This template contains the following Clauses:
1. Definitions and Interpretation
2. Appointment of the Consultant and Duration
3. Obligations of the Consultant
4. Fees and Expenses
5. Late Payment
6. Intellectual Property
8. Effects of Termination
10. No Waiver
12. Entire Agreement
13. Non – Assignment
14. Notices and Service
16. Data Processing
17. Use of Assistants
18. Status of Consultant and Assistant/s
19. Nature of Engagement
20. Applicable Law and Jurisdiction
A. Scheduled Services
B. Time for Completion of Scheduled Service
D. Invoices + Receipts/Vouchers
E. Locations and Premises
F. Data Processing
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