The Freelance Subcontractor Agreement is essential when a contractor needs to engage independent professionals for specific project work or ongoing services. This agreement, governed by English and Welsh law, provides clear terms for both parties, addressing key aspects such as service delivery, payment, intellectual property, and compliance with IR35 legislation. It protects both parties' interests while maintaining the independence of the freelance relationship and ensuring clarity in responsibilities and deliverables.
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1. Parties: Identification and details of the contractor and subcontractor
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of services to be provided
5. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures
6. Term and Termination: Duration of agreement and circumstances for termination
7. Obligations of the Parties: Key responsibilities and commitments of both parties
8. Intellectual Property: Ownership and rights regarding work product
9. Confidentiality: Protection of sensitive information
10. Liability and Indemnification: Risk allocation between parties
1. Non-Compete: Restrictions on competitive activities during and after the agreement term
2. Insurance: Required insurance coverage and minimum policy requirements
3. Data Protection: GDPR compliance obligations and data processing terms
4. Equipment and Materials: Provisions regarding tools, resources, and materials required for service delivery
5. Key Personnel: Identification of essential team members and replacement procedures
1. Schedule 1 - Services Description: Detailed scope of work and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and payment terms
3. Schedule 3 - Service Levels: Performance metrics and standards
4. Schedule 4 - Required Insurance: Insurance types and coverage levels
5. Appendix A - Data Processing Agreement: GDPR compliance details and data processing obligations
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