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CONSULTANCY AGREEMENT

DATED: XXXXX

BETWEEN:
EMPLOYMENT BUSINESS: Company/Agency details
Address 1
Address 2
Address 3
Address 4
Address 5
AND:
CONSULTANCY: Your Company details
Address 1
Address 2
Address 3
Address 4

NATURE OF SERVICES: JOB TITLE

COMMENCEMENT DATE: Start date

CONTRACT DURATION: 6 months

NOTICE REQUIRED FOR


EARLY TERMINATION: 1 month by either party

PAYMENT TERMS: Weekly/ Monthly

CONTRACT FEE: £ - on completion


£ 95.00 month/week/day/hour

INVOICING FREQUENCY: Weekly/ Monthly


Other please specify: ………………

CLIENT(s):
(Covered by this Agreement) Client name (place of work)

SPECIAL CONDITIONS: None

DISCLAIMER:
The Employment Business accepts no liability to indemnify the Consultancy for any losses whether by reason of
tax or after statutory or contractual liability to any third party arising from the provision of the Consultancy
Services.

SIGNED FOR THE EMPLOYMENT BUSINESS:


The Consultancy accept the offer of the above consultancy agreement:

Signature:………………………………………. Date:……………………….

SIGNED FOR THE CONSULTANCY:

Signature:………………………………………. Date:……………………….
1. INTERRETATION 4.2 The Consultancy to any 7.2 The Consultancy shall
AND warrants that its Staff facilities be responsible for any
DEFINITI has the necessary which may PAYE Income Tax and
ONS skills and be made National Insurance
1.1 Unless the context qualifications to available to Contributions and any
otherwise requires, perform the the Client, other taxes and
references to the Consultancy Services. all such deductions payable in
singular include the 5 CONSULTANT’S necessary respect of its Staff for
plural and references OBLIGATI equipment the Assignment.
to the masculine ONS as is 7.3 All payments will be
include the feminine, 5.1 The Consultancy reasonable made to the
and vice versa. agrees on its for the Consultancy.
1.2 The headings own part adequate 7.4 If the Consultancy
contained in the and on performance shall be unable for any
Agreement are for behalf of its by the Staff reason to provide the
convenience only and Staff as of the Consultancy Service
do not affect their follows: Consultancy to the Employment
interpretation. 5.1.1 Not to Services. Business no fee shall
1.3 “Assignment” means engage in 5.2 If the Consultancy is be payable by the
the services which the any conduct unable for any reason Employment Business
Consultancy is detrimental to perform the during any period that
engaged by the to the Consultancy Services the Consultancy
Employment Business interests of during the course of Services are not
to render to the Client. the an Assignment the provided.
“Client” means the Employment Consultancy should 8. OBLIGATIONS OF
person, firm or Business or inform the THE
corporate body the Client Employment Business EMPLOYMENT
together with any which by no later than BUSINESS
subsidiary or includes any 10.00am on the first 8.1 Throughout the term
associated company as contract day of incapacity. of this Agreement the
defined by the tendering to 5.3 The Consultancy shall Employment Business
Companies Act 1985 bring the have reasonable shall pay the
requiring the services Employment autonomy in relation Consultant the agreed
of the Consultancy Business or to determine the fee in accordance with
and identified in the the Client method of clause above.
attached schedule. into performance of the 8.2 The Employment
2. CONSULTANCY disrepute or Consultancy Services Business shall furnish
2.1 The Consultancy’s which but in doing so it shall the Consultancy with
obligation to provide results in the co-operate with the sufficient information
the Consultancy loss of Client and comply about the Assignment
Services shall be custom or with all reasonable in order for the
performed by such business. and lawful instructions Consultancy to
member or members 5.1.2 To comply within the scope of the arrange for the
of the Consultancy’s with any Assignment made by Consultancy Services
employees, officers or statutory or the Client. to be carried out.
representatives other 5.4 Nothing in this 8.3 The Employment
(“Staff”) as the reasonable agreement shall render Business will advise
Consultancy may rules or any member of the the Consultancy of
consider appropriate, obligations Consultancy’s Staff an any health & safety
subject to the prior including employee of the information or advice
approval of the Client. but not Employment Business which it receives from
The Consultancy shall limited to or the Client. The the Client which may
be entitled to assign or those Consultancy shall affect the
sub-contract the relating to ensure that none of its Consultancy’s Staff
performance of the health and Staff holds himself out during the
Consultancy Services safety as an employee of Assignment.
provided that the during the either the Employment 9. TERM OF THE
Employment Business Assignment Business or the Client. AGREEMENT
and the Client are to the extent 5.5 The Consultancy shall 9.1 This Agreement shall
reasonably satisfied that they are bear the cost of any continue until the
that the assignee or reasonably training which its completion of the
sub-contract has the applicable to Staff may require in Consultancy Services
required skills, them while order to perform the to the reasonable
qualifications, performing Consultancy Services. satisfaction of the
resources and the services 6. INVOICING Client at which time
personnel to provide and to take 6.1 Upon completion of this Agreement shall
the Consultancy all the Assignment or as expire automatically
Services to the reasonable may be agreed and (unless previously
required standard and steps to specified in the terminated by the
that the terms of any safeguard its Schedule attached at Employment Business
such assignment or own safety, the end of each or the Consultancy
sub-contract contain the safety of week/month of the giving the other party
the same obligations its Staff and Assignment the the period of notice
imposed by this the safety of Consultancy shall specified in the
assignment. any other deliver to the schedule attached.)
2.2 The schedule attached person who Employment Business 9.2 Notwithstanding sub-clauses 9.1
to this Agreement may be its invoice for the and 9.4 of this
shall specify the affected by amount due from the Agreement, the
Client, the fee payable its actions Employment Business Employment Business
by the Employment on the to the Consultancy may without notice
Business and such Assignment. giving a detailed and without liability
expenses as may be 5.1.3 To furnish breakdown showing instruct the
agreed, any notice the Client the work performed Consultancy to cease
period and any other and/or the and the time spent by work on the
relevant information. Employment the Consultancy. The Assignment at any
2.3 Save as otherwise Business invoice must be time, where:
stated in this with any received by the 9.2.1 the
Agreement, the progress Employment Business Consultancy
Consultancy shall be reports as by no later than has
entitled to supply its may be 9.00am on Tuesday committed
services to any third requested following week/month any serious
party during the term from time to to which it relates. or persistent
of this Agreement time. The Consultancy’s breach of
provided that this in 5.1.4 Not to sub- invoice should state any of its
no way compromises contract or any VAT due on the obligations
or is to the detriment assign to invoice. under this
of the supply of its any third 6.2 The Consultancy shall Agreement:
services to the Client. party any of obtain the signature of 9.2.2 the Client
3. THE CONTRACT the an authorised reasonably
3.1 This Agreement Consultancy representative of the believes that
constitutes the Services Client as verification the
contract between the which it is of execution of the Consultancy
Employment Business required to Assignment. has not
and the Consultancy perform 6.3 The Employment observed
and governs the under the Business shall not be any
Assignment Assignment obliged to pay any condition of
undertaken by the except in fees to the confidentiali
Consultancy with the accordance Consultancy unless an ty applicable
Client. with clause invoice has been to the
3.2 No variation or 2.1. properly submitted by Consultancy
alteration of these 5.1.5 To notify the the Consultancy in from time to
terms shall be valid Employment accordance with sub- time: or
unless approved by Business clause 6.1 of this 9.2.3 for any
the Employment forthwith in Agreement and until reason the
Business and the writing if it the Client has verified Consultancy
Consultant in writing. should the execution of the proves
4. UNDERTAKING OF become Assignment. unsatisfactor
THE insolvent, 7. FEES y to the
CONSULT dissolved or 7.1 Subject to the receipt Client.
ANCY subject to a of the Consultancy’s 9.2.4 The
4.1 The Consultancy winding up invoice in accordance Consultancy
warrants to the petition. with clause 6 above, is unable to
Employment Business 5.1.6 To provide the Consultancy will perform the
that by entering into at its own receive payment from Consultancy
and performing its cost, subject the Employment Services for
obligations under this to any Business for the over two
Agreement it will not agreement Assignment in days unless
thereby be in breach to the accordance with the otherwise
of any obligation, contrary fee specified in the agreed by
which it owes to any specified in schedule attached, the Client.
third party. the Schedule plus VAT where 9.2.5 The
attached as appropriate. Consultancy
becomes the 15.1 All notices which are ensuring that the terms
insolvent, Assignment required to be given of this contract are an
dissolvent or all hereunder shall be in accurate reflection of
subject to a documents writing and shall be the relationship
winding up and other sent to the registered between the Client
petition. materials office from the time to and the Consultancy.
9.2.6 Any belonging to time of the party upon Furthermore the
member of the Client whom the notice is to Employment Business
the #9and all be served. Any such accepts no liability to
Consultancy copies) notice may be indemnify the
’s Staff is which are in delivered personally Consultancy for any
guilty of any its or by first class losses, expenses or
fraud, possession prepaid post or liability to any third
dishonesty including facsimile transmission party arising from the
or serious documents and shall be deemed to Assignment.
misconduct and other have been served if by
materials hand when delivered,
9.3 Failure by the Consultancy to created by it if by first class post 48
give notice of or the Staff hours and if by
termination as during the facsimile transmission
required in the course of the when dispatched.
Schedule attached Assignment; 16. LIABILITY
shall constitute a 11.1.3 Not at any 16.1 The Consultancy shall
breach of contract and time make a be liable for any loss,
shall entitle the copy, damage or injury to
Employment Business abstract, any party resulting
to claim damages summary or from the negligent
from the Consultancy précis of he acts or omissions of its
for any resulting loss whole or Staff or from the acts
suffered by the any part of of omission of any
Employment any assignee or sub-
Business. document or contractor to whom
9.4 The Consultancy acknowledges other the Consultancy
that the continuation material assigns or sub-
of the Assignment is belonging to contracts the
subject to and the Client performance of the
conditioned by the except when Consultancy Services
continuation of the required to during the
contract entered into do so in the Assignment.
between the course of its 16.2 The Consultancy shall
Employment Business duties under ensure the provision
and the Client. In the the of adequate
event that the contract Assignment Employer’s Liability
between the in which Insurance, Public
Employment Business event any Liability Insurance
and the Client is such item and any other suitable
terminated for any shall belong policies of insurance
reason the Assignment to the Client such as Professional
shall cease with or the Indemnity Insurance
immediate effect Employment in respect of the
without liability to the Business as Consultancy and its
Consultancy. appropriate. Staff during an
10. ACKNOWLEDGME 12. RESTRICTION Assignment and shall
NT 12.1 The Consultancy shall make a copy of the
10.1 The Consultancy not for a period of six policy available to the
acknowledges that all months following the Employment Business
copyright, trademarks, termination of the upon request.
patents and other Assignment supply its 16.3 The Consultancy shall
intellectual property services directly, or be liable for any
rights deriving from through any other defects arising in
the services carried person, firm or relation to the
out by the company, to any Consultancy Services
Consultancy and its Client or any third and shall rectify at its
Staff and any third party introduced by own cost such defects
party to whom are the the Client, for whom it as may be capable of
Contract is assigned or has carried out the remedy within a
sub-contracted for the Assignment at any reasonable period
Client during the time during the from notification of
Assignment shall previous six months. such defects by either
belong to the Client. 13. COMPUTER the Employment
Accordingly the EQUIPMENT Business or the Client.
Consultancy shall (and WARRANTY 17. GOVERNING LAW
shall procure that any 13.1 The Consultancy shall AND
relevant member of its ensure that any JUSTIFICATION
Staff shall) execute all computer equipment 17.1 This Agreement shall
such documents and and associated be construed in
do all such acts as the software which it accordance with the
Employment Business provides to its Staff laws of England &
shall from time to time for the purpose of Wales and all disputes,
require in order to providing the claims or proceedings
give effect to its rights Consultancy Services between the parties
pursuant to this clause. contains anti-virus relating to the validity,
11. CONFIDENTIALIT protection with the construction or
Y latest release upgrade performance of this
11.1 In order to protect the from time to time and Agreement shall be
confidentiality and will be year 2000 subject to the
trade secrets of any compliant. exclusive jurisdiction
Client and without 14. RELATIONSHIP of the Courts of
prejudice to every BETWEEN England & Wales.
other duty to keep EMPLOYMENT 18. ILLEGALITY
secret all information BUSINESS AND 18.1 If any provision or
given to it or gained in CONSULTANCY term of this
confidence the 14.1 The Consultancy Agreement shall
Consultancy agrees on acknowledges to the become or be declared
its own part and on Employment Business illegal, invalid or
behalf of its Staff as that its services are unenforceable for any
follows:- supplied to the reason whatsoever
11.1.1 Not at any Employment Business including, but without
time as an independent limitation, by reason
whether contractor and that of the provisions of
during or accordingly the any legislation or
after the responsibility of other provisions
Assignment complying with all having the force of
(unless statutory and legal law or by reason of
expressly requirements relating any decision of any
authorised to the Staff of the Court or other body or
by the Client Consultancy authority having
or the (including the jurisdiction over the
Employment payment of taxation) parties of this
Business as shall fall upon and be Agreement such terms
a necessary discharged wholly and or provisions shall be
part of the exclusively by the deemed to be deleted
performance Consultancy. In the from this Agreement
of its duties) event that any person provided always that
to disclose should seek to if any such deletion
to any establish any liability substantially affects or
person or to or obligation upon the alters the commercial
make use of Business, the basis of this
any of the Consultancy shall Agreement the parties
trade secrets upon demand shall negotiate in good
or indemnify the faith to amend and
confidential Employment Business modify the provisions
information and keep it and terms of this
of the indemnified in respect Agreement as
Client; of any such liability or necessary or desirable
11.1.2 To deliver obligation and any in the circumstances.
up to the related costs, expenses 19. DISCLAIMER
Client or the or other losses which 19.1 The Employment
Employment the Employment Business makes no
Business (as Business shall incur. representation nor
directed) at 15. NOTICES does it accept any
the end of responsibility for

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