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The Cleardocs Independent Contractor/Consultancy Agreement enables you to clearly set out the terms and conditions of the relationship between an organisation and an independent contractor/consultant who will perform services for the organisation.

Ordering the Agreement through Cleardocs takes about 15 minutes.

The master documents, interface, related documents and information for the Independent Contractor/Consultancy Agreement have been signed off by our lawyers at Maddocks — a top 20 Australian law firm.

What does the document package include?

The document package includes:

• the Agreement — on the interface, you get to choose whether it is called an "Independent Contractor Agreement" or a "Consultancy Agreement"; and
• an Establishment Kit, prepared by our lawyers at Maddocks. The Kit contains instructions on how to complete everything and important information once the Agreement has been made.

When is an Independent Contractor/Consultancy Agreement relevant?

The Independent Contractor/Consultancy Agreement may be used when it is more appropriate for an organisation to arrange for work to be performed by an external person or company rather than an employee.

In those circumstances, this Agreement is relevant when the organisation (the Principal) wishes to engage a service provider (the Contractor/Consultant):

• who is an individual;
• that is a "one-man-band" company — where the services are provided by a director or the only employee of the company (and no-one else is involved in providing them); or
• that is a small company — where the services are provided by a single nominated individual. In this context, "small company" typically means one to 3 directors. If the company is any larger, then a general services agreement may be more appropriate, or one or both companies may have standard terms and conditions.

How do I know whether a person is an employee or a Contractor/Consultant?

You can use the information here to help you work out whether a person is likely to be an employee or a Contractor/Consultant.

If they are an employee, then you can order an Employment Agreement for them here.

How can you tailor the Agreement to meet the needs of the organisation?

The Cleardocs interface enables you to tailor the Agreement to suit the needs of the organisation. For example, you may choose to include clauses to reflect whether:

• the Contractor/Consultant is required to hold specific qualifications;
• the Contractor/Consultant is required to provide resources to perform the services.

The Cleardocs system also enables you to tailor common clauses to suit the needs of your organisation and the Contractor/Consultant. For example, you may customise the Contractor/Consultant's:

• service requirements;
• fee arrangements;
• insurance requirements; and
• length of contract.

The Agreement includes standard clauses to cover:

• GST;
• indemnities;
• intellectual property;
• the relationship between the parties;
• return of property; and
• protection of confidential information.