Self Employed Consultant Agreement (Medium) - Provider Version

Self Employed Consultant Agreement (Medium) - Provider Version

BS.CONS.02

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.

This document is compliant with the relevant data protection law.

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

7. Termination

8. Effects of Termination

9. Confidentiality

10. No Waiver

11. Severance

12. Entire Agreement

13. Non – Assignment

14. Notices and Service

15.Data Protection

16. Data Processing

17. Use of Assistants

18. Status of Consultant and Assistant/s

19. Nature of Engagement

20. Applicable Law and Jurisdiction

Schedules:

A. Scheduled Services

B. Time for Completion of Scheduled Service

C. Fees

D. Invoices + Receipts/Vouchers

E. Locations and Premises

F. 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.

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