The Self Employed Agreement is essential for businesses operating in Malta who engage independent contractors, consultants, or freelance professionals. This document is specifically designed to comply with Maltese employment and contract law while clearly establishing a self-employed relationship distinct from employment. It addresses key areas including service scope, payment terms, intellectual property rights, and professional liability, while incorporating necessary provisions to meet both local and EU regulatory requirements. The agreement is particularly crucial in today's growing gig economy and flexible working arrangements, providing legal protection and clarity for both parties while ensuring proper classification of self-employed status under Maltese law.
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1. Parties: Identification of the contracting parties - the client and the self-employed contractor
2. Background: Context of the agreement and brief description of the parties' intention to enter into a self-employed arrangement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the contractor
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Compensation, payment schedule, and invoicing requirements
7. Independent Contractor Status: Clear statement of self-employed status and independence from the client
8. Contractor's Obligations: Key responsibilities, quality standards, and delivery requirements
9. Client's Obligations: Client's responsibilities including provision of information and resources
10. Intellectual Property Rights: Ownership and rights regarding work products and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Tax and Social Security: Confirmation of contractor's responsibility for tax and social security payments
13. Liability and Indemnification: Extent of liability and indemnification obligations
14. Insurance: Required insurance coverage to be maintained by the contractor
15. General Provisions: Standard clauses including notices, amendments, and governing law
1. Equipment and Resources: Details of any equipment or resources provided by either party - include when specific tools or resources are material to the services
2. Substitution Rights: Right to provide substitute personnel - important for reinforcing self-employed status
3. Non-Compete: Restrictions on competing activities - include for sensitive industries or when protecting client relationships
4. Data Protection: GDPR compliance measures - include when personal data processing is involved
5. Service Levels: Specific performance metrics - include for technical or specialized services
6. Change Control: Process for changing scope or services - include for complex or long-term arrangements
7. Force Majeure: Provisions for unforeseeable circumstances - include for critical services or long-term contracts
8. Dispute Resolution: Specific dispute resolution procedures - include for high-value or complex services
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and quality standards
4. Schedule 4 - Required Insurance: Details of insurance types and coverage levels
5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if applicable
6. Appendix B - Key Personnel: Details of key individuals involved in service delivery
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