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When
a contractor is working direct with a client or consultancy
(ie there is no recruitment agency involved) and is
able to issue its own contract we can provide a suitable
agreement either on a single or a framework basis
drafted to fall outside IR35 and protect the commercial
interests of the contractor.
The
contracts are modern, comprehensive, easy to understand
and include the practical points that are necessary
to protect against typical industry problems. The
Revenue has accepted the contract as outside IR35
on a number of occasions for various consultancy services.
Electronic and hard copies are delivered shortly after
a requirement being confirmed. Explanatory notes are
included with the contract for convenience.
Single
Project Agreement is £300 + vat....
.......
Framework Project Agreement is £500 + vat.
.............. This
includes time spent assisting the contractor to correctly
complete the relevant sections and briefly answering
any basic queries that the client may have over particular
clauses. An additional charge will be incurred In
the event that you require considerable amendment/negotiation
at our standard hourly rate of £120 + vat
per hour.
Both
agreements are supplied on a licence basis, so they
can be used for subsequent engagements with the same
or alternative clients. Both agreements include terms
and conditions with a simple draft schedule or draft
purchase order. The terms contain reduced supplier
warranties, short acceptance terms, provision for
estimated costs, and rate charge costs, terms relating
to client obligations, confidentiality terms, IP clauses,
suspension terms in event of breach, non-solicitation
provisions and liability limitation including limit
to fees paid. In addition, the agreement contains
the appropriate provisions to reflect arrangements
that fall outside the scope of IR35.
The
Single Project Agreement is suitable for a single
project where the services and objectives can be identified
at the outset. We provide the template contract that
includes the terms and conditions and a blank project
schedule to be completed. We then ask that the schedule
be properly completed, which we will then verify to
ensure that it is worded to present the arrangements
in the best light for IR35.
The
Framework Project Agreement is suitable for consultancy
supply and projects costed on a time-only basis, it
can be adapted for fixed price work. The framework
basis allows multiple consecutive or concurrent purchase
orders to be used. The Framework Project Agreement
can also be used with multiple clients. Fees are only
chargeable when there is a valid purchase order in
operation and work has been performed. Purchase orders
terminate on completion of the specific task or tasks
while the overall framework terminates on an agreed
date or by notice.
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