Third Party Contractor Agreement Template for Nigeria

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Key Requirements PROMPT example:

Third Party Contractor Agreement

"I need a Third Party Contractor Agreement for hiring a software development consultant in Lagos, Nigeria, who will work remotely for our fintech startup for 12 months starting March 2025, with specific provisions for code ownership and data protection."

Document background

The Third Party Contractor Agreement is essential for businesses operating in Nigeria that engage external service providers or consultants. This document is designed to comply with Nigerian legislation while protecting both parties' interests in a contractor relationship. It's particularly important given the need to clearly distinguish independent contractors from employees under Nigerian labor law. The agreement covers crucial aspects including scope of services, payment terms, intellectual property rights, confidentiality, and dispute resolution mechanisms. It's structured to accommodate various types of contractor relationships while ensuring compliance with relevant Nigerian regulations including the Labour Act, CAMA 2020, tax laws, and data protection requirements. This agreement is commonly used when engaging professional services, technical expertise, or specialized skills on a project or ongoing basis.

Suggested Sections

1. Parties: Identifies and provides details of the contracting parties - the company and the contractor

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the contractor's appointment and describes the services to be provided

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

6. Contractor's Obligations: Lists the contractor's duties, responsibilities, and performance standards

7. Company's Obligations: Outlines the company's responsibilities and commitments

8. Fees and Payment Terms: Details the compensation structure, payment schedule, and invoicing requirements

9. Independent Contractor Status: Clearly establishes the independent nature of the relationship and disclaims employment status

10. Intellectual Property Rights: Addresses ownership and rights to work products created during the engagement

11. Confidentiality: Protects confidential information and trade secrets

12. Data Protection: Ensures compliance with Nigerian Data Protection Regulation

13. Liability and Indemnification: Sets out liability limitations and indemnification obligations

14. Insurance: Specifies required insurance coverage

15. Dispute Resolution: Establishes procedures for resolving disputes

16. Governing Law: Confirms Nigerian law as governing law and jurisdiction

17. General Provisions: Includes standard boilerplate clauses such as force majeure, notices, and amendments

Optional Sections

1. Non-Compete: Restricts contractor from competing activities - include when contractor will have access to sensitive competitive information

2. Non-Solicitation: Prevents solicitation of employees/clients - include for contractors with significant client/employee contact

3. Equipment and Resources: Details any company-provided equipment - include when company provides significant resources

4. Health and Safety: Specifies health and safety requirements - include for on-site services or high-risk activities

5. Performance Metrics: Establishes KPIs and performance standards - include for long-term or complex services

6. Training Requirements: Specifies required training or certifications - include when specific qualifications are needed

7. Subcontracting: Addresses ability to subcontract - include when subcontracting might be relevant

8. Force Majeure: Detailed force majeure provisions - include for long-term or critical services

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description 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 - Key Personnel: Names and roles of key contractor personnel assigned to the project

5. Schedule 5 - Company Policies: Relevant company policies contractor must comply with

6. Appendix A - Required Insurance Coverage: Detailed insurance requirements and minimum coverage amounts

7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Appendix C - Equipment List: Inventory of any company-provided equipment or resources

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

Technology

Oil and Gas

Construction

Professional Services

Manufacturing

Healthcare

Education

Financial Services

Telecommunications

Media and Entertainment

Agriculture

Mining

Retail

Logistics and Transportation

Real Estate

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Compliance

Risk Management

Information Technology

Facilities Management

Project Management

Business Development

Administration

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Project Manager

Operations Director

Finance Manager

Compliance Officer

Contract Administrator

Business Development Manager

IT Director

Facilities Manager

Chief Financial Officer

Risk Manager

Department Head

Managing Director

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Authors

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