Terms and conditions: IT consultant: sole trader or partnership
Comprehensive consultancy agreement drafted specifically
for IT consultant working in a partnership or as a sole trader.
This consultant’s agreement covers intellectual property and
other IT matters in much more detail
About this document
This consultancy terms and conditions agreement is suitable for:
• A self employed IT specialist who consults for an individual or partnership (the client)
• A “client” requiring a contract to set out trading terms with an IT consultant
This consulting agreement has been drawn as a starting point for negotiation but can also be adapted to be a terms and conditions document so as to be published on a website or presented to the client as “my terms” – that is, a take it or leave it contract. Of course for any business using self employed people it provides the essential starting point for the relationship.
Note however, that although the agreement clothes the transaction with all the characteristics of self employment, simply using one of these contracts will not necessarily avoid the relationship of employer and employed. Both the Inland Revenue and any industrial tribunal will be entitled to look behind the agreement at the reality of the contract. Some of the questions they might ask are:
• Is this the contractors only work or does he work for others too?
• Does the client control how the work is done?
• Are the hours fixed by the client or can the contractor choose when he works?
• Does the contractor work on the clients premises, using the client's equipment?
• To what extent is the contractor at risk as a self employed person?
• Is self employment normal for this kind of work?
Application
and features
“Over-arching” agreements to be used for multiple assignments
Consultant to work from home or office
Very flexible to suit the requirements of either or both parties
Provides a complete framework
Protects both sides
Reduces the chances for employer obligations to arise
