Independent Contractor Agreement | Contract for Independent Contractor

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Independent Contractor Agreement/Sub-Contractor Agreement

When running a business, it is inevitable that certain services will need to be outsourced to third parties to provide to you or your customers. This is known as using independent contractors or sub-contracting and this relationship is regulated by an Independent Contractor Agreement / Sub-Contract Agreement.

An example of an independent contractor or a subcontractor is the outsourcing of the design of your website to a software developer, or the writing of blog posts for your website.

Included in this Contact

This document contains all the basic aspects of an Independent Contractor Agreement, including:

  • What services the independent contractor is to provide;
  • The commencement date duration that the contract is set to run;
  • How the agreement may be terminated;
  • The agreed fees and how the independent contractor is to be paid;
  • Provisions pertaining to intellectual property;
  • Provisions to prevent, if you choose, staff and customer poaching;
  • Dispute resolution provisions.

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How does it differ to the Consulting Agreement and Service Level Agreement ?

While an Independent Contractor Agreement could be considered in some instances to be a form of Service Level Agreement or a Consulting Agreement , we would suggest only choosing the Independent Contractor Agreement if you are outsourcing work or services to another party, and are not rendering the work or services yourself.

If you are rendering the services yourself, rather choose the Consulting Agreement or Service Level Agreement . They are very similar to each other, and it is more a matter of preference as to whether you consider yourself a consultant or a service provider, which will necessitate your choice between the two documents, as the substance of each document is identical.

Specialized Service Level Agreements

This is our standard, Independent Contractor Agreement that will suit almost any scenario. We have, however, recently created more tailored versions of this document for freelance professionals delivering services. Please have a look at the following to see if these are a better fit for you and your business:

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Further Reading

Read more about the Definitive Guide to Freelancer/Independent Contractor Agreements in South Africa (for both the Contractor and Principal), click here

Read more about the 6 Contracts You and Your Business Need, click here

Barter McKellar Law

This document is supplied by Barter McKellar Law.

Barter McKellar is a boutique law firm which offers bespoke legal solutions that make legal, personal and business sense. We practice law because we thrive off solving legal problems (simple or complex) and providing our clients with peace of mind. No matter what your legal needs are, we are able to assist you as a trusted legal partner. We pride ourselves on giving our clients the best legal advice and legal solutions that make practical and commercial sense. We give you the tools and guidance that you need to help you and your business grow and our services and fees are tailored to suit your specific needs