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Independent Service Agreement

Independent Service Agreement Template for Ireland

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Key Requirements PROMPT example:

Independent Service Agreement

"I need an Independent Service Agreement under Irish law for a software development contractor who will be working remotely from Dublin, starting March 2025, with specific provisions for code ownership and data protection compliance."

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Document background
The Independent Service Agreement is essential for businesses operating in Ireland that engage independent contractors, consultants, or professional service providers. This document is designed to comply with Irish contract law, employment legislation, and data protection requirements while clearly establishing a business-to-business relationship rather than an employment relationship. It's particularly important given the increasing scrutiny of contractor relationships by Irish revenue authorities and the need to clearly distinguish between employment and independent service provision. The agreement covers crucial aspects including service scope, payment terms, intellectual property rights, data protection, and liability, while ensuring compliance with relevant Irish and EU regulations. It's suitable for both one-off projects and ongoing service arrangements, providing flexibility while maintaining legal certainty.
Suggested Sections

1. Parties: Identification of the contracting parties - the service provider and the client company

2. Background: Context of the agreement and confirmation of the independent contractor relationship

3. Definitions: Definitions of key terms used throughout the agreement

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

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

6. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures

7. Independent Contractor Status: Clear statement of independent contractor status and relationship between parties

8. Obligations of the Service Provider: Key responsibilities and commitments of the contractor

9. Obligations of the Client: Key responsibilities and commitments of the client

10. Intellectual Property Rights: Ownership and rights regarding work product and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Insurance: Required insurance coverage to be maintained

15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Non-Compete: Restrictions on competitive activities - use when protecting market position is crucial

2. Non-Solicitation: Restrictions on soliciting employees/clients - use when protecting relationships is important

3. Equipment and Resources: Provisions regarding tools and resources - use when specific equipment is provided

4. Performance Metrics: Specific KPIs and performance standards - use when measurable outcomes are required

5. Subcontracting: Rights and restrictions on subcontracting - use when subcontracting might be needed

6. Force Majeure: Provisions for unforeseen circumstances - use when long-term or critical services are involved

7. Change Control: Process for changing scope or terms - use for complex or evolving services

8. Service Levels: Specific service standards and penalties - use for technical or specialized services

9. Compliance with Client Policies: Adherence to specific client policies - use when working on client premises

Suggested Schedules

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

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

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details

5. Schedule 5 - Required Insurance: Specific insurance requirements and coverage levels

6. Appendix A - Required Qualifications: List of required qualifications and certifications

7. Appendix B - Key Personnel: Details of key individuals involved in service delivery

8. Appendix C - Approved Subcontractors: List of pre-approved subcontractors if applicable

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
Relevant legal definitions
Agreement
Services
Deliverables
Service Provider
Client
Commencement Date
Term
Fees
Intellectual Property Rights
Pre-existing IP
Work Product
Confidential Information
Personal Data
Data Protection Legislation
Force Majeure Event
Business Day
Good Industry Practice
Service Levels
Material Breach
Termination Date
Representatives
Applicable Laws
Controller
Processor
Contract Year
Dispute
Related Company
Territory
Working Hours
Professional Standards
Approved Expenses
Change Order
Acceptance Criteria
Key Personnel
Project
Milestones
Payment Terms
Insolvency Event
Commercially Reasonable Efforts
Service Location
Third Party Materials
Clauses
Interpretation
Appointment
Term
Services
Independent Contractor Status
Payment
Invoicing
Taxes
Performance Standards
Service Provider Obligations
Client Obligations
Resources and Equipment
Intellectual Property
Data Protection
Confidentiality
Non-Competition
Non-Solicitation
Representations and Warranties
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Obligations
Assignment
Subcontracting
Notice
Entire Agreement
Variation
Severability
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Bribery
Health and Safety
Record Keeping
Audit Rights
Change Control
Business Continuity
Survival
Relevant Industries

Information Technology

Professional Services

Management Consulting

Creative Industries

Financial Services

Healthcare

Education

Engineering

Marketing and Advertising

Construction

Business Services

Digital Media

Software Development

Research and Development

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Compliance

Risk Management

Contract Administration

Business Development

Project Management Office

Relevant Roles

Legal Counsel

Procurement Manager

HR Director

Operations Manager

Project Manager

Finance Director

Contracts Manager

Business Development Manager

Department Head

Chief Financial Officer

Chief Operating Officer

General Counsel

HR Manager

Compliance Officer

Industries
Terms of Employment (Information) Acts 1994-2014: While this primarily covers employment relationships, it's important to reference to clearly establish the independent nature of the contract and distinguish it from employment
Competition Act 2002 (as amended): Relevant for ensuring the independent contractor agreement doesn't contain anti-competitive clauses or restrictions
Taxes Consolidation Act 1997: Governs taxation of independent contractors and the distinction between self-employed and employed individuals for tax purposes
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Essential for addressing data protection requirements and responsibilities in the service relationship
Protected Disclosures Act 2014: Relevant for including whistleblowing provisions and protections in the agreement
Electronic Commerce Act 2000: Important if the services involve electronic commerce or if the agreement will be executed electronically
Companies Act 2014: Relevant for understanding the corporate governance requirements and obligations when contracting with Irish companies
Criminal Justice (Corruption Offences) Act 2018: Important for anti-bribery and corruption provisions in the agreement
Safety, Health and Welfare at Work Act 2005: Relevant for health and safety obligations, even for independent contractors when working on client premises
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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