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Independent Contractor Subcontractor Agreement

Independent Contractor Subcontractor Agreement Template for Ireland

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Key Requirements PROMPT example:

Independent Contractor Subcontractor Agreement

"I need an Independent Contractor Subcontractor Agreement for a software development company in Dublin, covering remote work arrangements and intellectual property rights, with specific provisions for handling client data under GDPR compliance."

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Document background
This Independent Contractor Subcontractor Agreement is designed for use in Ireland when a business (main contractor) needs to engage the services of an independent contractor as a subcontractor. The document is essential for organizations that regularly outsource work or require specialized services while maintaining compliance with Irish employment, tax, and business laws. It clearly establishes the independent nature of the relationship, protecting both parties from potential misclassification issues under Irish employment law. The agreement includes comprehensive provisions covering service delivery, payment terms, confidentiality, data protection under GDPR, and specific Irish legal requirements. It's particularly valuable for businesses seeking to formalize relationships with contractors while ensuring proper risk management and legal compliance in the Irish jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties - the main contractor and the subcontractor, including full legal names and registered addresses

2. Background: Context of the agreement, nature of the parties' businesses, and their intention to enter into a subcontractor relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Terms of appointment and detailed description of services to be provided by the subcontractor

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Payment Terms: Fee structure, payment schedule, invoicing requirements, and expense policies

7. Independent Contractor Status: Clear establishment of independent contractor relationship and disclaimer of employment relationship

8. Obligations of the Subcontractor: Key responsibilities, quality standards, reporting requirements, and compliance obligations

9. Obligations of the Main Contractor: Main contractor's responsibilities, including provision of necessary information and resources

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Insurance and Liability: Required insurance coverage and limitation of liability provisions

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law, and jurisdiction

Optional Sections

1. Intellectual Property Rights: Ownership and licensing of IP created during the service provision - include when services involve creation of intellectual property

2. Non-Compete and Non-Solicitation: Restrictions on competition and solicitation - include when protecting business relationships is crucial

3. Equipment and Resources: Provisions regarding tools and resources - include when specific equipment or resources are required for service delivery

4. Health and Safety: Specific health and safety requirements - include when services are performed on-site or involve hazardous activities

5. Security Requirements: Special security protocols or clearances - include when dealing with sensitive information or secure facilities

6. Quality Assurance: Specific quality standards and testing requirements - include for technical or specialized services

7. Training Requirements: Mandatory training or certifications - include when specific qualifications are necessary

8. Succession Planning: Provisions for replacement of key personnel - include for long-term or critical service arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided, including deliverables and performance metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance standards, KPIs, and measurement criteria

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Schedule 5 - Approved Subcontractor Personnel: List of key personnel approved to provide services

6. Schedule 6 - Policies and Procedures: Relevant operational policies and procedures to be followed

7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions

8. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Information Technology

Construction

Professional Services

Consulting

Engineering

Healthcare

Financial Services

Manufacturing

Creative Industries

Education and Training

Telecommunications

Research and Development

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Compliance

Risk Management

Project Management

Commercial

Business Development

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

HR Director

Project Manager

Operations Manager

Commercial Director

Risk Manager

Compliance Officer

Business Development Manager

Finance Director

Department Head

Managing Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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