IT consultant's terms and conditions: sole trader or through partnership
Comprehensive consultancy agreement drafted specifically
for IT consultant working in a partnership or as a sole trader.
This consultant’s agreement covers intellectual property and
other IT matters in much more detail
About this document
This is one of a set of template consultancy documents drawn by Net Lawman. Links to the other are available on this page.
This consultancy agreement is suitable for:
• A self employed IT specialist who consult for an individual or partnership (the client)
• A “client” requiring a contract to set out trading terms with an IT consultant
This consulting agreement has been drawn as a negotiable agreement so that yuou sit down with your client / consultant and together, decide what is required. If you prefer standard, non negotiable terms, choose a ‘terms and conditions; document. Of course for any business using self employed people this document 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 really an employee. Not sure? Read the free information on IR35 on our website. If you are an employee, you need a document 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.
