Subcontractor Service Agreement Template for Ireland

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Key Requirements PROMPT example:

Subcontractor Service Agreement

"I need a Subcontractor Service Agreement under Irish law for an IT consulting firm engaging software developers, with strong IP protection clauses and the ability to work remotely from EU countries, starting from March 2025."

Document background

The Subcontractor Service Agreement is essential for businesses operating in Ireland who need to engage external service providers while maintaining clear independent contractor relationships. This document is typically used when a main contractor needs to delegate specific tasks or services to a specialized subcontractor while maintaining ultimate responsibility to their end client. The agreement must comply with Irish employment law, particularly the Employment Status of Limerick Act 2000, and includes provisions for data protection under GDPR, tax compliance, and workplace safety. It's designed to protect both parties' interests by clearly defining service scope, payment terms, intellectual property rights, and liability limitations. The agreement is structured to avoid creating an employer-employee relationship while ensuring proper risk allocation and quality control measures.

Suggested Sections

1. Parties: Identifies the contracting parties - the contractor and subcontractor, including full legal names and registered addresses

2. Background: Sets out the context of the agreement and confirms the subcontractor's status as an independent contractor

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the engagement of the subcontractor and outlines the services to be provided

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Payment Terms: Details the fees, payment schedule, invoicing requirements, and expenses policy

7. Obligations of the Subcontractor: Lists the key responsibilities and commitments of the subcontractor

8. Obligations of the Contractor: Outlines what the contractor will provide or ensure for the subcontractor

9. Independence and Status: Clearly establishes the subcontractor's status as an independent contractor, not an employee

10. Intellectual Property: Addresses ownership and usage rights of any IP created during the service provision

11. Confidentiality: Defines confidential information and obligations regarding its protection

12. Data Protection: Addresses GDPR compliance and data handling requirements

13. Insurance and Liability: Specifies required insurance coverage and liability limitations

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on working with competitors, only needed if specific competitive concerns exist

2. Equipment and Materials: Include when the contractor provides specific equipment or materials for use

3. Health and Safety: Detailed safety requirements, necessary for high-risk or on-site work

4. Quality Standards: Specific quality requirements and KPIs, needed for specialized services

5. Substitution Rights: Right to provide substitute personnel, important for maintaining independent contractor status

6. Change Control: Process for managing changes to services, needed for complex or long-term arrangements

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

8. Anti-Bribery and Corruption: Required for public sector work or when working with regulated industries

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of the services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics and quality standards if applicable

4. Schedule 4 - Key Personnel: Details of key individuals involved in service delivery

5. Schedule 5 - Policies and Procedures: Relevant contractor policies that subcontractor must comply with

6. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

8. Appendix C - Change Request Form: Standard form for requesting changes to services or terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Information Technology

Professional Services

Manufacturing

Engineering

Healthcare

Telecommunications

Financial Services

Energy

Consulting

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Procurement

Operations

Human Resources

Finance

Compliance

Risk Management

Commercial

Supply Chain

Project Management

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Manager

Operations Director

Commercial Director

Human Resources Director

Risk Manager

Compliance Officer

Business Development Manager

Supply Chain Manager

Chief Financial Officer

General Counsel

Operations Manager

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