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Independent Subcontractor Agreement
"I need an Independent Subcontractor Agreement under Indian law for a software development contractor who will be working remotely on our AI project from March 2025, with specific provisions for code ownership and data protection."
1. Parties: Identifies the contracting parties - the company/client and the subcontractor, including full legal names and addresses
2. Background: Explains the context of the agreement and the parties' intention to enter into a subcontractor relationship
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the subcontractor
5. Term and Termination: Duration of the agreement and conditions for termination
6. Payment Terms: Compensation, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Clearly establishes the relationship as independent contracting, not employment
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Intellectual Property Rights: Ownership and rights to work product created during the engagement
10. Representations and Warranties: Promises and guarantees made by both parties
11. Indemnification: Protection against losses caused by breach or negligence
12. Limitation of Liability: Limits on parties' liability under the agreement
13. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Non-Compete: Restrictions on working with competitors - include when protecting market position is crucial
2. Insurance: Insurance requirements - include when services involve significant risks or regulatory requirements
3. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved
4. Equipment and Resources: Provisions regarding tools and resources - include when specific equipment or software is required
5. Performance Metrics: Specific performance standards - include when quantifiable deliverables are crucial
6. Subcontracting: Rights to subcontract work - include when delegation might be necessary
7. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved
8. Training Requirements: Specific training or certification needs - include when specialized skills are required
1. Schedule A - Scope of Work: Detailed breakdown of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed payment terms, rates, and payment milestones
3. Schedule C - Service Levels: Performance standards and metrics for service delivery
4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Appendix 1 - Confidential Information: Specific details of confidential information covered
6. Appendix 2 - Required Insurance: Detailed insurance requirements and coverage limits
7. Appendix 3 - Equipment List: List of any equipment or resources provided by either party
8. Appendix 4 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
Authors
Information Technology
Professional Services
Construction
Manufacturing
Healthcare
Education
Media and Entertainment
Financial Services
Telecommunications
Real Estate
Engineering
Marketing and Advertising
Research and Development
Creative Industries
Management Consulting
Legal
Human Resources
Procurement
Operations
Finance
Administration
Compliance
Risk Management
Project Management Office
Business Development
Legal Counsel
HR Manager
Procurement Manager
Project Manager
Operations Director
Finance Manager
Contracts Administrator
Business Development Manager
Department Head
Chief Operating Officer
Chief Financial Officer
General Counsel
HR Director
Procurement Director
Company Secretary
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