Comprehensive, yet easy to use terms and conditions document, drafted so as to be presented to the client as "my terms". It is suitable for any consultancy work, whether it is repeat work or a single job, paid either by lump sums of by the hour.
About this document
This is one of a set of consultancy documents drawn by Net Lawman. Links to the other are available on the left of this page.
This consultancy terms and conditions agreement is suitable for:
• A consultant or self employed person in any field;
• A “client” requiring a contract to set out trading terms with a consultant or self employed person;
• A business using self employed people.
This consulting agreement has been drawn not as a starting point for negotiation but 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. It is best suited to repeat work. 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 ATO 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;
Establishes as far as possible a self employed status;
Reduces the chances for employer obligations to arise.
