Independent Contractor Agreement With Non Compete Clause Template for Singapore

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Key Requirements PROMPT example:

Independent Contractor Agreement With Non Compete Clause

"I need an Independent Contractor Agreement With Non Compete Clause for hiring a senior software developer in Singapore who will be working on our proprietary AI technology, starting March 2025, with a two-year non-compete period covering Southeast Asia."

Document background
The Independent Contractor Agreement With Non Compete Clause is essential for businesses in Singapore engaging external professionals while protecting their competitive interests. This agreement is particularly relevant when contractors will have access to sensitive information, client relationships, or proprietary knowledge. It addresses Singapore's specific legal requirements regarding contractor status, reasonable non-compete provisions, and protection of business interests, while ensuring compliance with local competition and employment laws.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: 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 agreement and conditions for termination

6. Compensation: Payment terms, schedule, and method of payment

7. Independent Contractor Status: Clear statement of contractor relationship and distinction from employment

8. Non-Compete Provisions: Restrictions on competitive activities including duration, geography, and scope

9. Confidentiality: Protection of confidential information and trade secrets

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

11. Representations and Warranties: Statements of fact and promises made by both parties

12. Indemnification: Protection against third-party claims and liability

13. Governing Law: Jurisdiction and applicable law (Singapore)

14. Dispute Resolution: Process for resolving disagreements between parties

Optional Sections

1. Insurance Requirements: Contractor's obligations regarding insurance coverage and limits

2. Equipment and Resources: Provisions regarding tools and resources for service delivery

3. Training Requirements: Specific qualifications, certifications, or training needed

4. Performance Metrics: Service level agreements and key performance indicators

5. Force Majeure: Provisions for unforeseen circumstances preventing performance

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of work and deliverables

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

3. Schedule C - Non-Compete Terms: Specific restrictions including duration, geography, and scope of non-compete obligations

4. Schedule D - Confidential Information: List of specific confidential information and trade secrets covered by the agreement

5. Schedule E - Service Level Agreement: Detailed performance metrics, standards, and reporting requirements

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

Industries

Singapore Contract Act (Cap. 53): Fundamental legislation governing contract formation, validity, and enforcement. Covers basic principles of offer, acceptance, consideration, and intention to create legal relations.

Employment Act (Cap. 91): While not directly applicable to contractors, provides crucial reference points for distinguishing between employees and independent contractors to avoid misclassification.

Competition Act (Cap. 50B): Governs competition law in Singapore, relevant for ensuring non-compete provisions don't violate competition regulations.

Restraint of Trade Doctrine: Common law principles determining the validity of non-compete clauses, requiring restrictions to be reasonable in duration, geographic scope, and scope of prohibited activities.

Personal Data Protection Act 2012 (PDPA): Regulates the collection, use, disclosure, and care of personal data, applicable to handling contractor's personal information.

Copyright Act (Cap. 63): Governs copyright protection and ownership, crucial for intellectual property provisions in the agreement.

Patents Act (Cap. 221): Regulates patent rights and protection, relevant for intellectual property provisions involving inventions or innovations.

Trade Marks Act (Cap. 332): Governs trademark protection, important for provisions relating to brand usage and intellectual property rights.

Income Tax Act: Determines tax implications for independent contractors and related obligations for both parties.

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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