The Subcontractor Service Agreement is essential for businesses operating in Ireland who need to engage external service providers while maintaining clear independent contractor relationships. This document is typically used when a main contractor needs to delegate specific tasks or services to a specialized subcontractor while maintaining ultimate responsibility to their end client. The agreement must comply with Irish employment law, particularly the Employment Status of Limerick Act 2000, and includes provisions for data protection under GDPR, tax compliance, and workplace safety. It's designed to protect both parties' interests by clearly defining service scope, payment terms, intellectual property rights, and liability limitations. The agreement is structured to avoid creating an employer-employee relationship while ensuring proper risk allocation and quality control measures.
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1. Parties: Identifies the contracting parties - the contractor and subcontractor, including full legal names and registered addresses
2. Background: Sets out the context of the agreement and confirms the subcontractor's status as an independent contractor
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope of Services: Details the engagement of the subcontractor and outlines the services to be provided
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Payment Terms: Details the fees, payment schedule, invoicing requirements, and expenses policy
7. Obligations of the Subcontractor: Lists the key responsibilities and commitments of the subcontractor
8. Obligations of the Contractor: Outlines what the contractor will provide or ensure for the subcontractor
9. Independence and Status: Clearly establishes the subcontractor's status as an independent contractor, not an employee
10. Intellectual Property: Addresses ownership and usage rights of any IP created during the service provision
11. Confidentiality: Defines confidential information and obligations regarding its protection
12. Data Protection: Addresses GDPR compliance and data handling requirements
13. Insurance and Liability: Specifies required insurance coverage and liability limitations
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on working with competitors, only needed if specific competitive concerns exist
2. Equipment and Materials: Include when the contractor provides specific equipment or materials for use
3. Health and Safety: Detailed safety requirements, necessary for high-risk or on-site work
4. Quality Standards: Specific quality requirements and KPIs, needed for specialized services
5. Substitution Rights: Right to provide substitute personnel, important for maintaining independent contractor status
6. Change Control: Process for managing changes to services, needed for complex or long-term arrangements
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
8. Anti-Bribery and Corruption: Required for public sector work or when working with regulated industries
1. Schedule 1 - Services Description: Detailed specification of the services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and quality standards if applicable
4. Schedule 4 - Key Personnel: Details of key individuals involved in service delivery
5. Schedule 5 - Policies and Procedures: Relevant contractor policies that subcontractor must comply with
6. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
8. Appendix C - Change Request Form: Standard form for requesting changes to services or terms
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Information Technology
Professional Services
Manufacturing
Engineering
Healthcare
Telecommunications
Financial Services
Energy
Consulting
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Procurement
Operations
Human Resources
Finance
Compliance
Risk Management
Commercial
Supply Chain
Project Management
Relevant Roles
Procurement Manager
Legal Counsel
Contract Manager
Project Manager
Operations Director
Commercial Director
Human Resources Director
Risk Manager
Compliance Officer
Business Development Manager
Supply Chain Manager
Chief Financial Officer
General Counsel
Operations Manager
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