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Advise needed on a B2B engagement

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    Advise needed on a B2B engagement

    Hi,

    Hoping someone can help me or point me in the right direction.

    Currently working with my own ltd company on an outside IR35 engagement for a 6 month contract (which is due to be extended further). UK based.

    I've been approached by another company (based in Dublin) who really need some help with some Technical Consulting on a project they are kicking off with and would like me to help them with some technical consulting on 1 day/week (they're not bothered what day or when I do the work) - but have agreed in principal that it would be on a Friday (so they can schedule meetings etc). My current contract is for a specific project providing PM services and they see no issues on having these services for 4 days per week.

    The new client would like to engage on a B2B basis, but I'm not sure whether I should be providing a contract of some sort to them for a duration of let's say 6 months, just like an outside IR35 contract (from QDOS template) ? OR should there be some other agreement in place for this sort of engagement ?

    I've tried searching the forum, but cannot find anything that would point me in the right direction ! (maybe just me !!)...

    Any help, gratefully appreciated.

    Thanks in advance.

    #2
    I had a similar situation with my first ever B2B engagement. I think you do need some sort of contract. I used the free QDOS B2B direct engagement template but bear in mind it is from 2018.

    There are a few parts of it that are out of date with respect to more recent IR35 changes, GDPR etc. I ended up speaking to one of the lawyers in the QDOS 'consulting' team who gave me some advice for free on the phone on a couple of clauses but you do have the option of paying them for advice and drafting any changes you might need.

    I also used some bits from some templates a friend gave me. He has a small consultancy that does a lot of B2B work but the contract templates are more complex with separate Master Services Agreement, Terms and Conditions and Schedule templates which was a bit OTT for me. I just used the QDOS one with a few amendments and added a separate appendix for the Statement of Work.


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      #3
      If you are a member IPSE have something. I'm not so can't tell you if it's any good.
      https://www.ipse.co.uk/resource/ipse...side-ir35.html

      BTW it's ADVICE needed. Not advise.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        edison Hi, I am in a similar situation where I have a prospective client that has asked me to put forward a contract to use (previously I'm used to using the client's own template), so was taking a look at the QDOS one from 2018.

        Would you mind mentioning the areas that you adjusted (you don't have to go into specifics if you'd rather not)?

        I've been through it and it seems pretty robust, but I'm also going to do a cross-comparison against the contracts I've signed in my 3 previous contracts (all I've done so far!) to see where they might differ. Would be helpful just to have a general pointer to the types of areas that I'd need to consider/make sure are covered off.

        I have access to an IR35 checker tool, so will be able to become confident with that, however I guess I'm less familiar with some of the commercial bits.

        I'll certainly be appending a Schedule of Services to the contract to indicate the exact work I'll be carrying out during the contract.

        Thank you in advance for any help!

        Comment


          #5
          Originally posted by tilmov View Post
          edison Hi, I am in a similar situation where I have a prospective client that has asked me to put forward a contract to use (previously I'm used to using the client's own template), so was taking a look at the QDOS one from 2018.

          Would you mind mentioning the areas that you adjusted (you don't have to go into specifics if you'd rather not)?

          I've been through it and it seems pretty robust, but I'm also going to do a cross-comparison against the contracts I've signed in my 3 previous contracts (all I've done so far!) to see where they might differ. Would be helpful just to have a general pointer to the types of areas that I'd need to consider/make sure are covered off.

          I have access to an IR35 checker tool, so will be able to become confident with that, however I guess I'm less familiar with some of the commercial bits.

          I'll certainly be appending a Schedule of Services to the contract to indicate the exact work I'll be carrying out during the contract.

          Thank you in advance for any help!
          I'll have to dig out the contract to make sure, from memory the changes I made to the QDOS template were to a couple of clauses around IR35.

          Comment


            #6
            Originally posted by tilmov View Post
            edison Hi, I am in a similar situation where I have a prospective client that has asked me to put forward a contract to use (previously I'm used to using the client's own template), so was taking a look at the QDOS one from 2018.

            Would you mind mentioning the areas that you adjusted (you don't have to go into specifics if you'd rather not)?

            I've been through it and it seems pretty robust, but I'm also going to do a cross-comparison against the contracts I've signed in my 3 previous contracts (all I've done so far!) to see where they might differ. Would be helpful just to have a general pointer to the types of areas that I'd need to consider/make sure are covered off.

            I have access to an IR35 checker tool, so will be able to become confident with that, however I guess I'm less familiar with some of the commercial bits.

            I'll certainly be appending a Schedule of Services to the contract to indicate the exact work I'll be carrying out during the contract.

            Thank you in advance for any help!
            Fill it in to the best of your ability and then put it back through QDOS for a check. I think you get a free check if you have their TLC35 but even if you haven't it's worth paying the 90 quid or whatever for piece of mind. This is the document you will need to fall back on if it all goes tits up so worth having it water tight for such a small sum.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by northernladuk View Post

              Fill it in to the best of your ability and then put it back through QDOS for a check. I think you get a free check if you have their TLC35 but even if you haven't it's worth paying the 90 quid or whatever for piece of mind. This is the document you will need to fall back on if it all goes tits up so worth having it water tight for such a small sum.
              This is good advice. In my case, I got to speak to one of the QDOS Professional Consulting team who suggested the changes to make for free, but did offer to do a full review if needed, for the usual fee.

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