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Independent Consultant Agreement
"I need an Independent Consultant Agreement for a software development consultant who will be working remotely from Cape Town for our Johannesburg office starting March 2025, with specific provisions for code ownership and confidentiality of our proprietary technology."
1. Parties: Identification of the contracting parties - the company and the independent consultant
2. Background: Context of the agreement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Appointment and Status: Formal appointment and explicit confirmation of independent contractor status
5. Services: Detailed description of services to be provided by the consultant
6. Duration: Term of the agreement, including commencement date and duration
7. Consultant's Obligations: Key responsibilities and commitments of the consultant
8. Company's Obligations: Key responsibilities and commitments of the company
9. Fees and Payment: Compensation, payment terms, expenses, and tax-related provisions
10. Intellectual Property: Ownership and protection of IP created during the engagement
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: POPIA compliance and data handling requirements
13. Non-Solicitation: Restrictions on soliciting employees or clients
14. Termination: Grounds and process for termination of the agreement
15. Post-Termination Obligations: Continuing obligations after agreement ends
16. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Non-Compete: Optional restraint of trade provisions - use when consultant will have access to sensitive competitive information
2. Insurance: Requirements for professional indemnity or other insurance - use for high-risk services
3. Performance Metrics: Specific KPIs or performance standards - use when measuring specific deliverables
4. Equipment and Resources: Provisions regarding tools and resources - use when specific equipment is required
5. Training and Skills Transfer: Obligations regarding knowledge transfer - use when consultant is expected to train others
6. Safety Requirements: Specific health and safety obligations - use when work is performed on-site
7. Regulatory Compliance: Industry-specific compliance requirements - use for regulated industries
8. Change Control: Process for changing scope or services - use for long-term or complex engagements
1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: List of approved consultant personnel if multiple individuals involved
4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable
5. Schedule 5 - Company Policies: Relevant company policies consultant must comply with
6. Appendix A - Required Qualifications: Professional qualifications and certifications required
7. Appendix B - Reporting Requirements: Templates and requirements for progress reporting
Authors
Applicable Laws
Business Day
Company
Company Materials
Confidential Information
Consultant
Deliverables
Effective Date
Fee Schedule
Force Majeure Event
Intellectual Property Rights
Personal Information
Pre-existing IP
Processing
Services
Service Levels
Site
Term
Termination Date
VAT
Work Product
Scope of Work
Key Personnel
Material Breach
Representatives
Related Persons
Signature Date
Tax
Commencement Date
Working Hours
Client
Expenses
Operator
Responsible Party
Commercially Reasonable Efforts
Competing Business
Good Industry Practice
Independent Contractor Status
Services
Duration
Payment
Invoicing
Expenses
Tax
Intellectual Property
Confidentiality
Data Protection
Non-Solicitation
Non-Compete
Warranties
Indemnification
Limitation of Liability
Insurance
Termination
Force Majeure
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Performance Standards
Reporting
Access Rights
Health and Safety
Regulatory Compliance
Anti-Corruption
Conflict of Interest
Record Keeping
Audit Rights
Information Technology
Management Consulting
Financial Services
Healthcare
Engineering
Construction
Education
Mining
Manufacturing
Professional Services
Telecommunications
Energy
Agriculture
Retail
Media and Entertainment
Legal
Human Resources
Procurement
Finance
Operations
Compliance
Risk Management
Project Management Office
Business Development
Technical Operations
Administrative Services
Chief Executive Officer
Human Resources Director
Legal Counsel
Procurement Manager
Project Manager
Department Head
Operations Director
Finance Director
Technical Director
Managing Director
Business Unit Head
Program Manager
Contract Manager
Compliance Officer
Risk Manager
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