IT consultant's terms and conditions: through company
Comprehensive consultancy agreement drafted specifically
for IT consultant working through a company. This consultant’s agreement covers intellectual property and other IT matters in detail
About this document
This is one of a set of consultancy documents drawn by Net Lawman. Links to the other are available from this page.
This consultancy agreement is suitable for:
• An IT consultant who is consulting for a company (the client)
• A “client” company requiring a contract to set out trading terms with an IT consultant
This consulting agreement has been drawn as a starting point for negotiation. If you prefer a standard ‘take it or leave it’ contract, use a ‘terms and conditions document’. Of course for any business using self employed people it provides the essential starting point for the relationship.
Self employed? Simply using this agreement will not necessarily avoid the relationship of employer and employed. Both the Inland Revenue and any industrial tribunal will be entitled to look behind the agreement at the reality of the contract. Some of the questions they might ask are:
• Is this the contractors only work or does he work for others too?
• Does the client control how the work is done?
• Are the hours fixed by the client or can the contractor choose when he works?
• Does the contractor work on the clients premises, using the client's equipment?
• To what extent is the contractor at risk as a self employed person?
• Is self employment normal for this kind of work?
• Read more on IR35 and self employment by clicking the link at the top of this page.
This document is not suitable if you are an employee. If you are, your employee must, by law, give you a paper setting out the basic terms under which you work - an employment contract is more suitable
Application
and features
“Over-arching” agreements to be used for multiple assignments
Consultant to work from home or office
Very flexible to suit the requirements of either or both parties
Provides a complete framework
Protects both sides
Establishes as far as possible a self employed status for the purposes of IR35
Reduces the chances for employer obligations to arise.
