The Agreement Between Consultant And Company is a vital legal document used when engaging external expertise while maintaining clear independent contractor status under Irish law. It's particularly relevant when organizations need specialized skills or temporary professional services without creating an employment relationship. This document addresses key aspects including service scope, deliverables, payment terms, intellectual property rights, confidentiality, data protection (GDPR compliance), and liability limitations. The agreement is structured to comply with Irish employment, tax, and business regulations, particularly the guidelines set by the Revenue Commissioners for determining self-employed status. It provides essential protections for both parties while establishing clear boundaries between consultancy and employment relationships.
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1. Parties: Identifies the contracting parties - the Company and the Consultant, including full legal names and registered addresses
2. Background: Sets out the context of the agreement, including the Company's desire to engage the Consultant and the Consultant's confirmation of capability to provide the services
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Appointment and Term: Establishes the engagement of the Consultant, term of the agreement, and any renewal provisions
5. Services: Outlines the consulting services to be provided, including any deliverables and performance standards
6. Consultant's Obligations: Details the Consultant's duties, responsibilities, and standards of service
7. Company's Obligations: Specifies what the Company must provide to enable the Consultant to perform the services
8. Fees and Expenses: Details the compensation structure, payment terms, and expense reimbursement policy
9. Independent Contractor Status: Explicitly confirms the Consultant's status as an independent contractor, not an employee
10. Intellectual Property Rights: Addresses ownership and transfer of intellectual property created during the engagement
11. Confidentiality: Defines confidential information and establishes protection obligations
12. Data Protection: Ensures GDPR compliance and establishes data handling requirements
13. Liability and Indemnification: Sets out liability limitations and indemnification obligations
14. Termination: Specifies how and when either party can end the agreement
15. Post-Termination Obligations: Outlines obligations that survive the end of the agreement
16. General Provisions: Contains standard legal provisions including governing law, notices, and entire agreement
1. Non-Compete: Restricts the Consultant's ability to compete with the Company - used when the Consultant will have access to sensitive competitive information
2. Non-Solicitation: Prevents the Consultant from soliciting Company employees or clients - used when the Consultant will have significant client or employee contact
3. Insurance: Specifies required insurance coverage - used when the services involve significant risks or regulatory requirements
4. Equipment and Resources: Details any equipment or resources provided by either party - used when specific tools or resources are necessary for service delivery
5. Performance Metrics: Establishes specific performance indicators - used when the services can be objectively measured
6. Compliance with Policies: Requires adherence to Company policies - used when the Consultant will work on-site or interact with Company systems
7. Force Majeure: Addresses unforeseeable circumstances - used when service delivery could be affected by external events
8. Assignment Rights: Allows/restricts the right to assign the agreement - used when either party might need to transfer rights or obligations
1. Schedule 1 - Services Description: Detailed specification of the consulting services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and billing arrangements
3. Schedule 3 - Service Levels: Specific performance standards and metrics for service delivery
4. Schedule 4 - Company Policies: Relevant Company policies that apply to the Consultant
5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if the Consultant will process personal data
6. Appendix B - Required Insurance Coverage: Detailed insurance requirements and minimum coverage levels
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