This Non Employee Contract is essential for businesses engaging independent contractors in England and Wales. It establishes clear boundaries between employment and contractor status, crucial for IR35 compliance. The document covers essential elements including scope of services, payment terms, intellectual property rights, confidentiality, and liability provisions. It's designed to protect both parties while maintaining the contractor's independence and avoiding creation of employment rights. This contract type is particularly relevant given increasing scrutiny of contractor relationships by HMRC.
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1. Parties: Identifies and defines the contracting parties
2. Background: Sets out context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Services: Detailed description of services to be provided by the contractor
5. Payment Terms: Fees, payment schedule, and invoicing arrangements
6. Term and Termination: Duration of agreement and termination provisions
7. Intellectual Property Rights: Ownership and usage rights of IP created during service provision
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Liability and Indemnity: Limitations of liability and indemnification provisions
10. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Data Protection: Terms governing the processing of personal data, required when contractor will handle personal information
2. Non-Compete: Restrictions on competitive activities during and after the contract term
3. Equipment Provision: Terms regarding any equipment or resources provided by the client
4. Health and Safety: Specific health and safety obligations when work is performed on client premises
5. Insurance: Specific insurance requirements for the contractor
1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and specifications
2. Schedule 2 - Fees and Payment: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics, quality standards, and KPIs
4. Schedule 4 - Data Processing Agreement: Detailed terms for personal data processing if applicable
5. Schedule 5 - Key Personnel: Details of key individuals responsible for service delivery
Relevant legal definitions
Agreement
Business Day
Commencement Date
Company
Confidential Information
Contract Period
Contractor
Deliverables
Fee
Group
Intellectual Property Rights
Materials
Personal Data
Project
Services
Service Levels
Specification
Termination Date
VAT
Working Hours
Applicable Laws
Change Control
Client Materials
Competitor
Data Protection Legislation
Force Majeure Event
Good Industry Practice
Key Personnel
Location
Milestone
Project Manager
Representatives
Required Insurance
Restricted Business
Territory
Business Day
Commencement Date
Company
Confidential Information
Contract Period
Contractor
Deliverables
Fee
Group
Intellectual Property Rights
Materials
Personal Data
Project
Services
Service Levels
Specification
Termination Date
VAT
Working Hours
Applicable Laws
Change Control
Client Materials
Competitor
Data Protection Legislation
Force Majeure Event
Good Industry Practice
Key Personnel
Location
Milestone
Project Manager
Representatives
Required Insurance
Restricted Business
Territory
Clauses
Interpretation
Services
Contractor Obligations
Client Obligations
Fees and Payment
Intellectual Property Rights
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability and Indemnity
Insurance
Term and Termination
Force Majeure
Assignment and Subcontracting
Notices
Variation
Waiver
Severance
Entire Agreement
Third Party Rights
Governing Law and Jurisdiction
Health and Safety
Equipment and Materials
Quality Standards
Service Levels
Change Control
Audit Rights
Anti-Bribery
Modern Slavery
Exit Management
Business Continuity
Key Personnel
Warranties
Dispute Resolution
Services
Contractor Obligations
Client Obligations
Fees and Payment
Intellectual Property Rights
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability and Indemnity
Insurance
Term and Termination
Force Majeure
Assignment and Subcontracting
Notices
Variation
Waiver
Severance
Entire Agreement
Third Party Rights
Governing Law and Jurisdiction
Health and Safety
Equipment and Materials
Quality Standards
Service Levels
Change Control
Audit Rights
Anti-Bribery
Modern Slavery
Exit Management
Business Continuity
Key Personnel
Warranties
Dispute Resolution
Relevant Industries
Relevant Teams
Relevant Roles
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