Update: contract received!

[TheFaQQer]

14.1 is consistent. This is not a contract between the bank and a limited company. It's a contract between a bank and an individual person ("the consultant"). Calling the consultant "he" is one giveaway; the idea that the consultant might accept "other employment" is another. As a limited company contractor, I've never seen the like and I reckon few people on this site will have either!

Not necessarily. It's "The Consultant" rather than "the consultant" - I have a contract that defines "The Consultant" as the limited company; "The Personnel" as the staff employed by The Consultant to perform The Services.

[thunderlizard]

14.1 is consistent. This is not a contract between the bank and a limited company. It's a contract between a bank and an individual person ("the consultant"). Calling the consultant "he" is one giveaway; the idea that the consultant might accept "other employment" is another. As a limited company contractor, I've never seen the like and I reckon few people on this site will have either!

[malvolio]

Come on, these are basics...

PSC means nothing, it is a Gay Gordon soundbite intended to separate YourCo from all the other Ltd Cos out there. Ignore it and do not use it. YourCo has the same legal standing, rights and obligations as Tesco.

The key element is that you are not a disguised employee nor a temp nor some kind of worker with no rights. You are someone whose company provides your professional expertise in order to solve a problem your client has. Ideally you walk away having delivered a single objective, but even as a Bum-on-Seat contractor, you are not part and parcel of your client's organisation, you are a truly independent service provider. Get that straight in your head and everything else makes sense.

[richy]

14.1 is a nonsense, it makes this a contract of service. The contract is - or is supposed to be - betwen you and your LtdCo or umbrella, not you personally; apart from anything else this makes you personally liable for any losses.

Who is the agency BTW?

Hi. so the idea is to look like a ltd company, and not a "service provider" ? i try to avoid getting labelled a "PSC" too.. thx.richy

[RockyBalboa]

QDOS have gotten back to me with some changes.. I have mailed this to the client and will see what happens.

Thanks.

[RockyBalboa]

Thanks guys.

Have given QDOS a call and e-mail.. will see what they can do.

[TheFaQQer]

http://www.bauerandcottrell.co.uk/services.asp

I use Qdos instead - http://www.qdosconsulting.com

HTH,

Faqqer

[RockyBalboa]

Agency is 'Professional Recruitment'.

Do you have any details for Bauer & Cotteril or anyone similar?

Thanks.

[malvolio]

On the bits you've published...

5.3 is dodgy, any reductions against invoice payments must be justified and agreed

10.1 I won't go into notice periods arguments again, but you don't need one and shouldn't have one

13.1 - RoS needs the statement "but such consent will not be unreasonably witheld" to make it unfettered

14.1 is a nonsense, it makes this a contract of service. The contract is - or is supposed to be - betwen you and your LtdCo or umbrella, not you personally; apart from anything else this makes you personally liable for any losses.

Do not sign this, give it to Bauer & Cotteril or someone similar and get it changed.

Who is the agency BTW?

[RockyBalboa]

Which bits particularly point to it being inside IR35?

[Kyajae]

Morning,

Received my first contract and have a few queries about it.

How does the following sound?

Thanks.

-------

3. Consultant’s Services
3.1 During the period of this agreement, the Consultant may accept and perform engagements from other companies, firms or persons which do not impinge upon his ability to provide the Services at such times and in such manner as may be convenient to the Bank provided that the Consultant shall not accept any employment or engagement by any person, firm or company which is similar to or in any way competitive with the business of the Bank without the prior written consent of the Bank.
3.2 The Consultant shall provide the Services at such location as the Bank and the Consultant shall agree from time to time.
3.3 The Consultant shall provide the Services at such times and dates as the Bank and the Consultant shall agree from time to time.


4.5 The Consultant undertakes and agrees to take out adequate insurance cover to cover the liability accepted by him in this agreement and forthwith on the Bank’s request agrees to produce the insurance policy for inspection.

5.1 In consideration of the Services provided by the Consultant, the Bank shall, within 28 days of receipt of an invoice submitted in accordance with clause 5.2 below, pay to the Consultant a consultancy fee at the rate of £xxx (exclusive of any VAT, if applicable) per day.
5.2 The Consultant shall, on the last day of each calendar month during which he has provided Services under this agreement, submit an invoice to the Bank giving details of the hours which he has worked, the Services which he has provided and the amount of the fee payable (plus VAT, if applicable) for such Services during that calendar month.
5.3 The Consultant shall be entitled to include in any invoice an amount in respect of reasonable travel, hotel and subsistence expenses incurred by him in the performance of the Services provided that relevant receipts are attached to such invoice and provided that the Consultant had prior consent to incur such expenses.
5.3 Payment by the Bank shall be without prejudice to any claims or rights which the Bank may have against the Consultant and shall not constitute any admission by the Bank as to the performance of the Consultant of his obligations hereunder. Prior to making any such payment the Bank shall be entitled to make deductions in respect of any disputes or claims whatsoever with or against the Consultant.


10. Termination
10.1 This agreement may be terminated by either party giving to the other not less than 20 working days written notice.

13. Third Parties
13.1 Where the Consultant considers it necessary to use the services of a third party, whether for information or the supply of goods or services, the Consultant shall (except in matters of a minor and obvious nature) first obtain the consent of the Bank.

14. General
14.1 This agreement is personal between the Bank and the Consultant, and neither may sell, assign or transfer any duties, rights or interests created under this agreement without the prior written consent of the other.

It's inside IR35

[RockyBalboa]

Morning,

Received my first contract and have a few queries about it.

How does the following sound?

Thanks.

-------

3. Consultant’s Services
3.1 During the period of this agreement, the Consultant may accept and perform engagements from other companies, firms or persons which do not impinge upon his ability to provide the Services at such times and in such manner as may be convenient to the Bank provided that the Consultant shall not accept any employment or engagement by any person, firm or company which is similar to or in any way competitive with the business of the Bank without the prior written consent of the Bank.
3.2 The Consultant shall provide the Services at such location as the Bank and the Consultant shall agree from time to time.
3.3 The Consultant shall provide the Services at such times and dates as the Bank and the Consultant shall agree from time to time.


4.5 The Consultant undertakes and agrees to take out adequate insurance cover to cover the liability accepted by him in this agreement and forthwith on the Bank’s request agrees to produce the insurance policy for inspection.

5.1 In consideration of the Services provided by the Consultant, the Bank shall, within 28 days of receipt of an invoice submitted in accordance with clause 5.2 below, pay to the Consultant a consultancy fee at the rate of £xxx (exclusive of any VAT, if applicable) per day.
5.2 The Consultant shall, on the last day of each calendar month during which he has provided Services under this agreement, submit an invoice to the Bank giving details of the hours which he has worked, the Services which he has provided and the amount of the fee payable (plus VAT, if applicable) for such Services during that calendar month.
5.3 The Consultant shall be entitled to include in any invoice an amount in respect of reasonable travel, hotel and subsistence expenses incurred by him in the performance of the Services provided that relevant receipts are attached to such invoice and provided that the Consultant had prior consent to incur such expenses.
5.3 Payment by the Bank shall be without prejudice to any claims or rights which the Bank may have against the Consultant and shall not constitute any admission by the Bank as to the performance of the Consultant of his obligations hereunder. Prior to making any such payment the Bank shall be entitled to make deductions in respect of any disputes or claims whatsoever with or against the Consultant.


10. Termination
10.1 This agreement may be terminated by either party giving to the other not less than 20 working days written notice.

13. Third Parties
13.1 Where the Consultant considers it necessary to use the services of a third party, whether for information or the supply of goods or services, the Consultant shall (except in matters of a minor and obvious nature) first obtain the consent of the Bank.

14. General
14.1 This agreement is personal between the Bank and the Consultant, and neither may sell, assign or transfer any duties, rights or interests created under this agreement without the prior written consent of the other.