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No Employment Agreement
"I need a No Employment Agreement for a senior software developer contractor who will work on our fintech project starting March 2025, with specific provisions for intellectual property rights and the ability to work remotely from anywhere in the Netherlands."
1. Parties: Identification of the Client and the Independent Contractor, including full legal names, addresses, and registration numbers
2. Background: Context of the agreement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Nature of Relationship: Clear statement that this is not an employment relationship and specific factors establishing independent contractor status
5. Services: Detailed description of the services to be provided, including scope and deliverables
6. Term and Termination: Duration of the agreement and termination provisions
7. Fees and Payment: Payment terms, including VAT (BTW) arrangements and invoice requirements
8. Performance and Working Methods: Contractor's autonomy in performing services and control over working methods
9. Equipment and Resources: Responsibility for providing tools, equipment, and resources
10. Insurance and Liability: Required insurance coverage and limitation of liability provisions
11. Intellectual Property: Ownership and transfer of IP rights in work products
12. Confidentiality: Protection of confidential information
13. Data Protection: Compliance with GDPR and Dutch data protection laws
14. Non-Solicitation: Restrictions on soliciting client's employees or customers
15. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction
1. Substitute Provision: Right to provide a substitute - include when contractor may need to delegate work
2. Multiple Clients Declaration: Confirmation that contractor works for multiple clients - include to strengthen independent status
3. Specific Industry Compliance: Include when services are in regulated industries requiring specific compliance measures
4. Non-Competition: Include when protecting client's business interests is crucial, but must be carefully limited
5. Client Property: Include when contractor needs access to client's property or facilities
6. Quality Standards: Include when specific quality standards or certifications must be maintained
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
8. Anti-Bribery and Corruption: Include for high-value contracts or when working with public sector
9. Warranties: Include when specific warranties about contractor's qualifications or capabilities are required
1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and performance criteria
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and expenses
3. Schedule 3 - Independent Contractor Checklist: Checklist confirming factors that establish independent contractor status
4. Schedule 4 - Required Insurance Coverage: Specific insurance requirements and coverage levels
5. Appendix A - Data Processing Agreement: Required when personal data processing is involved
6. Appendix B - Service Level Agreement: Optional - specific performance metrics and service levels
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