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Independent Employment Contract
"I need an Independent Employment Contract for a software developer contractor who will work remotely from Auckland on a 12-month project starting March 2025, with specific provisions for code ownership and the ability to engage sub-contractors."
1. Parties: Identifies the contracting company/client and the contractor, including full legal names and addresses
2. Background: Outlines the context of the agreement, including the contractor's business status and the client's need for services
3. Definitions: Defines key terms used throughout the agreement
4. Nature of Relationship: Explicitly states this is an independent contractor relationship, not employment, and outlines key aspects of independence
5. Services: Describes the contractor's obligations and scope of services at a high level
6. Term and Termination: Specifies contract duration, renewal provisions, and termination circumstances
7. Fees and Payment: Details payment terms, rates, invoicing process, and GST requirements
8. Tax and ACC: Clarifies contractor's responsibility for own tax, ACC levies, and other statutory payments
9. Liability and Indemnity: Outlines liability arrangements and indemnification provisions
10. Insurance: Specifies required insurance coverage to be maintained by the contractor
11. Confidentiality: Defines confidential information and obligations regarding its protection
12. General Provisions: Includes standard clauses like governing law, dispute resolution, and entire agreement
1. Intellectual Property: Include when services involve creation of IP or use of existing IP
2. Non-Competition: Include when contractor's services are unique or involve access to sensitive competitive information
3. Equipment and Resources: Include when specific arrangements exist about who provides tools, equipment, or workspace
4. Health and Safety: Include detailed H&S obligations when services involve on-site work or specific safety risks
5. Sub-contracting: Include when contractor may need to engage others to perform services
6. Project Management: Include for complex services requiring specific reporting or management structures
7. Performance Standards: Include when specific quality metrics or standards must be met
8. Multiple Projects/Assignments: Include when relationship may involve multiple discrete projects over time
1. Schedule 1: Services Description: Detailed description of services, deliverables, and performance requirements
2. Schedule 2: Fees and Charges: Detailed fee structure, including rates, expenses, and special charges
3. Schedule 3: Key Personnel: Details of key individuals involved in service delivery if applicable
4. Schedule 4: Service Levels: Specific performance metrics and service level requirements if applicable
5. Schedule 5: Policies and Procedures: Relevant client policies contractor must comply with
6. Appendix A: Insurance Requirements: Detailed insurance requirements including types and levels of coverage
7. Appendix B: Health and Safety Requirements: Specific health and safety procedures and requirements if applicable
Authors
Business Day
Client
Commencement Date
Confidential Information
Contractor
Deliverables
Fee
Force Majeure Event
GST
Intellectual Property
Intellectual Property Rights
Key Personnel
Laws
Material
Notice
PCBU
Personal Information
Pre-existing IP
Project
Representatives
Services
Service Levels
Specifications
Sub-contractor
Term
Termination Date
Working Day
Work Health and Safety Laws
Nature of Relationship
Term
Services
Contractor Obligations
Client Obligations
Fees and Payment
Expenses
GST
Tax and ACC
Performance Standards
Reporting
Key Personnel
Sub-contracting
Health and Safety
Equipment and Resources
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Privacy
Data Protection
Non-Competition
Non-Solicitation
Force Majeure
Termination
Consequences of Termination
Dispute Resolution
Assignment
Variation
Notices
Governing Law
Entire Agreement
Severability
Survival
Information Technology
Professional Services
Construction
Creative Industries
Management Consulting
Healthcare
Education
Engineering
Marketing and Communications
Financial Services
Real Estate
Business Advisory
Human Resources
Legal
Procurement
Finance
Operations
Project Management Office
Information Technology
Marketing
Business Development
Strategy
Compliance
IT Consultant
Project Manager
Business Analyst
Marketing Consultant
Financial Advisor
Training Specialist
Software Developer
Graphic Designer
Management Consultant
HR Consultant
Engineering Consultant
Sales Representative
Content Writer
Strategic Advisor
Healthcare Practitioner
Education Consultant
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