Contract Terms and Conditions

**Gonzo** · 17 July 2007, 15:25

Notice is for permies not contractors.

HTH

**digital_nomad** · 17 July 2007, 15:37

OK, just found the exact same question in a previous thread. Sorry guys.

So if no notice period is normal for contractors, and helps the IR35 cause, is there a "contractor"-friendly way to make them pay-out a contract if they wish to terminate?

**ASB** · 17 July 2007, 15:47

Originally posted by digital_nomad

OK, just found the exact same question in a previous thread. Sorry guys.

So if no notice period is normal for contractors, and helps the IR35 cause, is there a "contractor"-friendly way to make them pay-out a contract if they wish to terminate?

That would be a termination clause. Something like

"In the event this agreement is terminated by X a payment of Y will become due to the supplier"

Not likely to get it agreed though.

**a7awo** · 17 July 2007, 15:48

Is it common practice to re-word an agencies contract? wouldn't it be better letting a legal person check it out (i take that back if you are already)?

I am about to embark on contracting and I thought the agency contract would be cool and IR35 compliant but to be on the safe side I should let a legal bod check it out. Can I print out a IR35 compliant contract between me and an agent and get them to agree to that?

**Gonzo** · 17 July 2007, 18:35

Originally posted by a7awo

Is it common practice to re-word an agencies contract? wouldn't it be better letting a legal person check it out (i take that back if you are already)?

I am about to embark on contracting and I thought the agency contract would be cool and IR35 compliant but to be on the safe side I should let a legal bod check it out. Can I print out a IR35 compliant contract between me and an agent and get them to agree to that?

Never trust what an agent tells you about the IR35 compliance of their contract. Get them checked out (the first few until you know what you are looking for). There are a few firms that will do this service (for a fee) and in some cases will negotiate with the agency on your behalf. They advertise on this site.

You can get an IR35 compliant contract and ask them to sign it. But what do you do if they argue some points with the contract? Do you know enough yourself to be able to negotiate?

**Euro-commuter** · 17 July 2007, 18:54

Originally posted by a7awo

Can I print out a IR35 compliant contract between me and an agent and get them to agree to that?

That's what they do in other trades. Imagine producing a contract, with T&C, for your plumber to sign? No, the supplier supplies on his terms.

Except in IT contracting, where you supply on the agent's terms. Nothing to stop you coming up with a contract and asking you to sign it. You'll probably be laughed out the door, though I'd love to hear otherwise.

**thunderlizard** · 17 July 2007, 23:11

Originally posted by Euro-commuter

probably be laughed out the door, though I'd love to hear otherwise.

not in my experience.
A pleasure to tell you otherwise!

tl

**Old Greg** · 18 July 2007, 08:29

Originally posted by Euro-commuter

That's what they do in other trades. Imagine producing a contract, with T&C, for your plumber to sign? No, the supplier supplies on his terms.

Except in IT contracting, where you supply on the agent's terms. Nothing to stop you coming up with a contract and asking you to sign it. You'll probably be laughed out the door, though I'd love to hear otherwise.

I'm not sure this is unique to contracting but instead is about disparity in size. I bet Farmer Jones has to use Tesco's contract and not the other way round.

**EzydoesIT** · 20 July 2007, 16:30

contract templates?

Originally posted by digital_nomad

add in the appropriate clauses for IR35.

.

Anyone have a contract template which has the relevant IR35 "friendly" sections in?

Sorry, it's probably been done to death somewhere else but I'm new to forum.

Thanks in advance.

Contract Terms and Conditions