The Consulting Subcontractor Agreement is essential when a primary contractor needs to engage additional expertise through subcontracting arrangements. This document, governed by English and Welsh law, establishes clear parameters for the working relationship, detailing responsibilities, deliverables, payment structures, and compliance requirements. It's particularly crucial for protecting intellectual property, maintaining confidentiality, and ensuring alignment with IR35 and other relevant UK legislation. The agreement helps avoid disputes by clearly defining expectations and obligations of both parties.
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1. Parties: Identification and details of the contracting parties (contractor and subcontractor)
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Term and Termination: Duration of agreement and termination provisions
6. Payment Terms: Fees, invoicing, and payment conditions
7. Confidentiality: Protection of confidential information
8. Intellectual Property: Ownership and rights to work product
9. Liability and Indemnification: Allocation of risks and responsibilities
10. Governing Law: Applicable law and jurisdiction
1. Non-Compete: Restrictions on competition to protect business interests from direct competition
2. Insurance: Required insurance coverage and specifications for the subcontractor
3. Data Protection: GDPR and data handling requirements when personal data processing is involved
4. Force Majeure: Provisions for unforeseen circumstances in long-term or high-value contracts
5. Change Control: Process for managing changes to project scope or deliverables
1. Schedule 1 - Services Description: Detailed scope of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and payment terms
3. Schedule 3 - Service Levels: Performance metrics and standards
4. Schedule 4 - Key Personnel: List of key individuals involved
5. Appendix A - Data Processing Agreement: GDPR compliance details if applicable
6. Appendix B - Insurance Requirements: Detailed insurance specifications
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