FREELANCE CONSULTANT CONTRACT

CONTRACT FOR CONSULTANCY SERVICES

THIS AGREEMENT is made on [date] 

between 

[company name] (hereinafter referred to as “the Organisation”)

and

[name of contractor], of [address of contractor] (hereinafter referred to as “the Consultant”)

Nature of Work

The following work will be carried out by the Consultant on behalf of the Organisation:

-        [description of tasks and services].       

The work will be carried out by the named Consultant appointed, who may not sub-contract work to someone else without the agreement of the Organisation.

Hours

The work will be detailed with any specific hours logged in an Excel-based time sheet that will be regularly communicated to the Organisation.

Termination

         This contract can be terminated at any time by written notice by either party.

         This agreement shall terminate immediately in the event of failure on the part of either party to observe any material obligation under this agreement.

Fees

The Organisation will pay a fee of [insert fee] per day (based on 8 hours per day).  This fee is inclusive of VAT, national insurance, income tax, professional indemnity, public liability insurance and travel expenses. 

Payments will be made in arrears within 30 days of receipt of invoices from the Consultant.  Nothing in this clause shall affect the Organisation's right to contest liability to make payment in part or in full.

Expenses

The Organisation will pay reasonable properly recorded expenses accrued in the course of carrying out work agreed in this contract provided appropriate receipts are provided.

Sickness

The Consultant is not entitled to any sickness pay.

Confidentiality

8.1    The Consultant undertakes to keep the Organisation's Confidential Information confidential and not to disclose it to any third party except as expressly permitted by the performance of services under this agreement.

8.2    the Consultant undertakes that he/she will not, without the prior written consent of the Organisation, disclose to any third party the terms of this Agreement.

8.3    The restrictions and obligations set out in this Clause do not apply to information which the Receiving Party is clearly able to demonstrate by documentary or other evidence:

(a)     is or becomes publicly available other than as a result of breach of the Agreement by the Consultant;

(b)     was received by the Consultant from a third party unless the Consultant knew that the third party was under an obligation of confidentiality to the Organisation in relation to the information;

(c)     was rightfully in its possession prior to disclosure to it by the Organisation;

(d)     was developed independently without access to, or use or knowledge of, the Confidential Information; or

(e)     was disclosed with the prior written consent of the Organsation.

8.4    This Clause [1] does not prohibit disclosure of Confidential Information to any organisation having a statutory or regulatory right to request and receive that Confidential Information provided that, to the extent permitted by law, the Consultant gives the Organisation such prior notice of such disclosure as is reasonable in the circumstances.

Intellectual Property

The copyright in all research notes written by the Consultant in the course of carrying out this work will be held by the Organisation who shall have the exclusive right to publish any such material throughout the legal term of copyright..

Reporting

         The Organisation contact person will be:  [insert contact details]

Principles

   (i)  The Consultant will conduct her/himself in a proper, skilful and professional manner in accordance with the Organisation’s Code of Professional Conduct.

   (ii)  The Consultant shall not agree any further work with a competitor client (to the Organisation) for similar or related work without first receiving the agreement of the Organisation, and shall not solicit further work from a competitor client directly for similar or related work.

Taxes and National Insurance

(i)   Prior to this contract taking effect, the Consultant will provide The Organisation with appropriate evidence of independent Consultant’s status or self-employment status. Normally, relevant correspondence with the tax authority will be sufficient.

(ii)  Where the Consultant is not registered as self employed with the appropriate authorities, the Organisation may deduct tax and NI at source through PAYE.

(iii) The Consultant will account to the appropriate authorities for any income tax and national insurance charges arising out of any payment made to the Consultant under this agreement.

(iv) The Consultant agrees to indemnify the Organisation against any income tax or National Insurance due by him/her which may be levied on the Organisation by the appropriate authorities.

Professional Practices

The Consultant agrees to abide by the Organisation's health and safety policy, equal opportunity policy, children and vulnerable adult protection policy, customer service policy and code of professional conduct.

The Organisation’s obligations

         The Organisation will pay the Consultant’s invoices promptly and within 30 days. In the event that the Organisation fails to pay on time and without justification, then the Consultant is free to register an “Unpaid Invoice” dispute on www.disputesregister.org

Status

(i) This agreement does not form the basis of an employment relationship between the Organisation and the Consultant, and the Consultant is responsible for paying their own tax and National Insurance contributions.

(ii) The Consultant is not an agent of the Organisation and cannot create any obligations for it.

Alteration

         This agreement can be changed only with the written consent of both sides.

Force Majeure

Neither party shall be deemed in default of its obligations under this agreement nor shall be liable to the other to the extent that it is unable to perform any of its obligations by reason of any event or circumstance beyond its reasonable control.

Governing Law, Jurisdiction

This agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

Notice

         Any notice to be served under this agreement shall be served upon the recipient at its address set out herein either by hand or by first class post or otherwise by facsimile or e-mail transmission and shall be deemed served 48 hours after posting if sent by post or on delivery if it is delivered by hand and on completion of transmission if sent by facsimile or e-mail.

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