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Consultancy agreements

If you are providing consultancy services, it is good practice to set out your terms and conditions in a consultancy agreement. This section provides an overview of what terms you should include in your consultancy agreement, and guidance on what agreements you can use, whether you are providing your services as an individual or through a A private company limited by shares incorporated and registered in England and Wales. . This section assumes you are providing services to a business; you will need legal advice if not the case.

sales-and-commercial-agreements

Consultancy services

  1. 1.Should I provide my consultancy services as an individual freelancer or through a company?
  2. 2.Can my client insist that I personally do any agreed work?
  3. 3.Can my client prevent me from working for other businesses?
  4. 4.Will the IR35 tax rules apply if I am providing my consultancy services through a company?
  5. 5.How do I know if the IR35 tax rules apply if I am providing my consultancy services through a company?
  6. 6.As a freelancer, is it up to me or my client to work out whether the IR35 tax rules apply?

Documentation for consultancy services

  1. 7.What documentation do I need if I am providing consultancy services as an individual freelancer?
  2. 8.What documentation do I need if I am providing consultancy services through a company?
  3. 9.Do I need a data processing agreement when I am providing consultancy services?

What to include in a consultancy agreement

  1. 10.What terms and conditions should I include in my consultancy agreement?
  2. 11.Who are the parties to a consultancy agreement?
  3. 12.What information should I include in my consultancy agreement about the services to be provided?
  4. 13.Who should provide the equipment required to perform the services?
  5. 14.How should I calculate the fee for my services?
  6. 15.What should my payment terms be?
  7. 16.Who is responsible for my expenses?

Protecting against liability in a consultancy agreement

  1. 17.Can I exclude my liability for breaches or failures under the contract?
  2. 18. Can I ask my client for an indemnity to protect my business?
  3. 19.What happens if my client asks for an indemnity for any breaches of the agreement I make?

Protecting information and IP in a consultancy agreement

  1. 20.How will my confidential information be protected under my consultancy agreement?
  2. 21.Who owns the intellectual property created when I am providing my services?
  3. 22.What data protection clauses do I need to include in my consultancy agreement?

Negotiating your terms of service

  1. 23.Should I allow my client to negotiate the terms of the consultancy agreement?

Template data processing agreement

A data processing agreement is a legally binding, written contract governing the relationship between a data controller and a data processor, as well as the scope of their data processing activities. The agreement sets out the rights and responsibilities of the controller and the processor when they are sharing personal data, including what data is to be processed and how. It might also be referred to as a DPA or a data processing addendum. It’s a legal requirement under Article 28 UK GDPR for a data controller and a data processor to have a written processing agreement in place when they share personal data. If you are a data controller, this template will help you to comply with that legal obligation. It’s also a legal requirement for a data processor and a data sub-processor to have a written sub-processing agreement in place when they share personal data. This template can also be used to help you comply with that legal obligation if you are a data processor. Data processing agreements are typically provided as an attachment (also called an Addendum) to another contract that the data controller and processor already have in place (eg a Services Agreement). This template is drafted on that basis. You can customise it to your specific processing activities.
£25 + VAT

Privacy policy

This template privacy policy will allow you to set out the privacy information that you are legally required to provide to individuals who use your website. This includes what personal data you process and how you use it. It is also referred to as a privacy notice and it might be produced in a combined document with your cookie policy, or as two separate documents. This template will help you to comply with your data protection and privacy obligations when you are running a website. It enables you to set out all of the data protection information that you must give to your users. It is a UK GDPR compliant privacy policy, which is suitable only for UK based businesses carrying out data processing activities in the UK. If your business has an office or establishment in an EEA country, or offers goods or services to, or monitors the behaviour of, individuals in the EEA, then following Brexit your privacy notice will also need to comply with the EU GDPR, which is outside the scope of this service. Because no two websites are the same, you can customise this privacy policy for your purposes whether you sell goods or services online, or if your website simply promotes your business. You can also purchase this policy as part of the Starting an online business toolkit or the Data protection policy toolkit .
£25 + VAT
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