Subcontractor Agreement For Professional Services Template for England and Wales

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Key Requirements PROMPT example:

Subcontractor Agreement For Professional Services

"I need a Subcontractor Agreement For Professional Services to engage a software development company based in Manchester for a 12-month project starting January 2025, with specific provisions for source code ownership and strict data protection requirements."

Document background

The Subcontractor Agreement For Professional Services is essential when a main contractor needs to engage specialized expertise or additional resources through subcontracting arrangements. This agreement, governed by English and Welsh law, provides a comprehensive framework for managing the relationship between the parties, defining service deliverables, establishing payment terms, and addressing key compliance requirements including IR35 considerations. It's particularly relevant in project-based work where specific expertise or scalability is required while maintaining quality control and clear accountability.

Suggested Sections

1. Parties: Identification and details of the contracting parties including registered addresses and company numbers

2. Background: Context of the agreement, relationship between parties, and purpose of the subcontractor arrangement

3. Definitions: Key terms and their meanings used throughout the agreement

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

5. Payment Terms: Fees, payment schedule, invoicing requirements, and expenses policy

6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

7. Confidentiality: Obligations regarding protection of confidential information and trade secrets

8. Intellectual Property Rights: Ownership and usage rights of IP created during service provision

Optional Sections

1. Change Control: Process for managing changes to services or agreement terms, recommended for complex service arrangements

2. Service Levels: Performance metrics, standards and measurement criteria for service delivery

3. Insurance Requirements: Specific insurance coverage requirements and minimum coverage amounts

4. Data Protection: Specific obligations under UK GDPR and Data Protection Act 2018

5. Non-Compete: Restrictions on competitive activities during and after the agreement

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of services, deliverables, and timelines

2. Schedule 2 - Rate Card: Detailed pricing structure, rates, and payment terms

3. Schedule 3 - Service Levels: Detailed performance metrics, KPIs, and measurement criteria

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

5. Schedule 5 - Data Processing Agreement: Detailed data protection obligations and procedures if personal data is processed

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

Relevant Teams

Relevant Roles

Industries

Companies Act 2006: Primary legislation governing company law in the UK, including company formation, management, and administration

Supply of Goods and Services Act 1982: Legislation governing contracts for the supply of goods and services, including implied terms about quality and fitness for purpose

Contracts (Rights of Third Parties) Act 1999: Legislation that allows third parties to enforce terms of contracts that benefit them, subject to the contract's provisions

Employment Rights Act 1996: Key legislation defining employment rights and helping distinguish between employment and subcontracting relationships

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

Agency Workers Regulations 2010: Regulations ensuring equal treatment for agency workers compared to permanent employees

Equality Act 2010: Legislation protecting against discrimination and promoting equality in the workplace

UK GDPR: Data protection regulation governing how personal data must be handled and processed

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

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

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

Trade Marks Act 1994: Legislation governing the protection and registration of trademarks

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

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

Arbitration Act 1996: Framework for resolving disputes through arbitration rather than court proceedings

Civil Procedure Rules: Rules governing civil litigation in England and Wales

Competition Act 1998: Legislation preventing anti-competitive practices and abuse of dominant market positions

Enterprise Act 2002: Legislation dealing with competition law, including merger control and market investigations

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Let's create your Subcontractor Agreement For Professional Services

Authors

Alex Denne

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