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Independent Contractor Subcontractor Agreement

Independent Contractor Subcontractor Agreement Template for England and Wales

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Key Requirements PROMPT example:

Independent Contractor Subcontractor Agreement

"I need an Independent Contractor Subcontractor Agreement for a software development project where we'll be engaging a freelance developer to work on our client's banking application from March 2025, with strict confidentiality and IP provisions being essential."

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Document background
The Independent Contractor Subcontractor Agreement is essential when a contractor needs to engage third-party services while maintaining clear independent contractor status. This agreement, governed by English and Welsh law, is particularly important in the context of IR35 legislation and ensures compliance with UK employment, tax, and business regulations. It clearly defines roles, responsibilities, deliverables, and payment terms while protecting both parties' interests through confidentiality, intellectual property, and liability provisions. The document is crucial for businesses operating in the UK that rely on subcontracted services for project delivery.
Suggested Sections

1. Parties: Identification and details of the contracting parties (Contractor and Subcontractor)

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the Subcontractor

5. Term and Termination: Duration of agreement and termination provisions

6. Payment Terms: Fees, payment schedule, and invoicing requirements

7. Independent Contractor Status: Clear statement of self-employed status and relationship between parties

8. Confidentiality: Protection of confidential information

9. Intellectual Property: Ownership and rights to work product

Optional Sections

1. Non-Compete: Restrictions on competitive activities - use when protecting business interests from competition is crucial

2. Force Majeure: Provisions for unforeseeable circumstances - use when services might be affected by external events

3. Insurance Requirements: Specific insurance coverage requirements - use when work involves significant risks or liability

4. Data Protection: GDPR and data protection compliance - use when personal data processing is involved

5. Change Control: Process for managing changes to services - use when scope of work might need adjustment

Suggested Schedules

1. Schedule of Services: Detailed breakdown of services to be provided

2. Rate Card: Detailed breakdown of fees and charges

3. Service Levels: Performance metrics and standards

4. Insurance Requirements: Detailed insurance specifications

5. Data Processing Agreement: Details of data handling and protection measures

6. Key Personnel: List of key individuals involved in service delivery

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Term and Duration
Scope of Services
Payment Terms
Independent Contractor Status
Obligations of the Subcontractor
Obligations of the Contractor
Warranties and Representations
Intellectual Property Rights
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Insurance
Liability and Indemnification
Force Majeure
Health and Safety
Compliance with Laws
Assignment and Subcontracting
Termination
Consequences of Termination
Dispute Resolution
Notices
Variation
Entire Agreement
Severability
Waiver
Third Party Rights
Governing Law and Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Primary legislation governing employment rights and the relationship between employers and workers in the UK

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Companies Act 2006: Principal legislation regulating company law in the UK

Supply of Goods and Services Act 1982: Legislation governing contracts for the supply of goods and services

IR35 Legislation: Off-payroll working rules determining tax status of contractors and preventing tax avoidance

Agency Workers Regulations 2010: Regulations ensuring equal treatment for agency workers

Equality Act 2010: Legislation protecting against discrimination and promoting equality

Health and Safety at Work Act 1974: Primary legislation ensuring workplace health and safety

Management of Health and Safety at Work Regulations 1999: Detailed regulations on managing workplace safety and risk assessments

Construction (Design and Management) Regulations 2015: Specific regulations for construction projects and worker safety in construction

UK GDPR: Data protection legislation governing the processing of personal data in the UK post-Brexit

Data Protection Act 2018: UK's implementation of data protection standards and requirements

Value Added Tax Act 1994: Legislation governing VAT obligations and requirements

Copyright, Designs and Patents Act 1988: Primary legislation protecting intellectual property rights

Trade Marks Act 1994: Legislation governing trademark protection and registration

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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