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Your Independent Contractor Agreement

Outsource work the correct way

It is inevitable that you will need to outsource tasks to third parties when working on complex projects.

This is known as sub-contracting and this relationship should be strictly regulated by an Independent Contractor Agreement or Sub-Contract Agreement

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Stay on top of the services your independent contractor is to provide, when or how they should be delivered, how your IP is to be protected and what happens if they do not complete the job

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If you are working within teams or upon complex projects, there is no doubt that you will outsource tasks to other freelancers and shall require multiple, unique Independent Contractor Agreements.

You should not have to depend on the availability of a lawyer or pay high legal fees to obtain a custom Independent Contractor Agreement

"An Independent contractor is a person/ business who is contracted to perform work or provide services to another for compensation. Independent contractors do not work regularly for an employer but rather as and when they are required. Examples of independent contractors who may need an Independent Contractor Agreement include, freelance writers and website developers.

A comprehensive Independent Contractor Agreement provides for the terms of working between the freelance independent contractor and their client."

An enforceable Independent Contractor Agreement is important to ensure that you are clearly defined as an independent contractor. This is especially beneficial in instances where the freelancer works for many different people or entities or when you want subcontract work. The Independent Contractor Agreement gives you the necessary freedom to work on different projects simultaneously as opposed to the traditional employment agreement, freedom which you may require especially when you’re starting out. When freelancing you want to ensure you get paid for your services and with an Independent Contractor Agreement your customer/client is bound by the terms and will be obligated to pay up for services rendered.

A question often posed; what the difference between an SLA and Independent Contractor Agreement is?

An SLA is mainly about performance measuring and outlines the deliverables between the freelancer and the client. An SLA is required for projects and does not create any kind labour relationship between the freelancer and the client. An Independent Contractor Agreement creates a relationship that is similar to that of an employment relationship. As a freelancer you would decide to use an SLA for once off projects, whereas you would opt for an Independent Contractor Agreement when the work that you will be doing is continuous but required on an ad hoc basis.

Clauses included in your Independent Contractor Agreement:

  • What services the independent contractor is to provide;
  • The commencement date duration that the contract is set to run;
  • How the agreement may be terminated;
  • The agreed fees and how the independent contractor is to be paid;
  • Provisions pertaining to intellectual property;
  • Provisions to prevent, if you choose, staff and customer poaching;
  • Dispute resolution provisions.

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