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Consultency agreement for South Africa

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  Legal documents
 
  Consultancy agreement 
  ZA-COM201 Consultancy agreement Price: R 269 Buy this document
  ZA-COM203 Consultancy agreement for IT Consultant Company Price: R 269 Buy this document
  ZA-COM221 Contract for services by self employed person Price: R 165 Buy this document
  ZA-ECM181 Terms and conditions for IT consultant Price: R 165 Buy this document
 

Which document shall I use?

The following questions will help you to choose:

  • Can you honestly say you are a consultant? If not, choose the “self employment agreement" (ZA-COM221)
  • If you are a consultant, do you work direct with the client or through a company? Choose accordingly.
  • If you are in IT or Internet or other high tech business, choose the IT consultant contract. Otherwise choose ZA-COM221.
  • Do you take your business direct from the Internet? If yes, choose the “terms and conditions” document
  • There are many more terms and conditions documents here.

Who will use these documents?

  • any consultant or self employed person in any field;
  • a “client” requiring a contract to set out trading terms with a consultant or self employed person.

Key features:

  • the consultant contracts ZA-COM201, ZA-COM202 and ZA-COM203 are “over-arching” agreements designed for ongoing use to cover a series of projects or jobs
  • but they can also be used for single projects
  • flexible work location: consultant to work from home or office
  • very accommodating to suit the requirements of either or both parties
  • provides a complete framework
  • protects both sides
  • establishes as far as possible a self employed status for tax purposes and reduces the chances for employer obligations to arise.

Why use this document?

For thousands of self employed people some version of this document will be presented to a new client as “my contract”. For any business using self employed people it provides the essential starting point for the relationship.


Note however, that just by using a ‘consultancy’ contract won’t necessarily make you a consultant in the eyes of the law or the tax man. Both the Inland Revenue and any industrial tribunal will be entitled to look behind the agreement at the reality of the contract. Some of the questions they might ask are:

 

  • is this the contractors only work or does he work for others too?
  • does the client control how the work is done?
  • can the contractor choose when he works or are they fixed by someone else?
  • does the contractor work on the clients premises, using the client's equipment?
  • to what extent is the contractor at risk as a self employed person?
  • is self employment normal for this kind of work?

 

ZA-COM201, 202 and 203 include the following provisions; ZA-COM221 and ZA-ECM181 are shorter:

  • consultant's obligations
  • consultant's status
  • consultant's fees and expenses
  • duration and termination
  • matters after termination
  • consultant's other work
  • data protection
  • insurance
  • confidentiality
  • intellectual property
  • appropriate legal provisions - warranties, exclusions, indemnities, etc

  ZA-COM201 Consultancy agreement  Price: R 269 Buy this document
  Document length: 2400+ words; Explanatory notes: 500 words    
  ZA-COM203 Consultancy agreement for IT Consultant Company  Price: R 269 Buy this document
  Document length: 2400+ words; Explanatory notes: 500 words    
  ZA-COM221 Contract for services by self employed person  Price: R 165 Buy this document
  Document length: 2400+ words; Explanatory notes: 500 words    
  ZA-ECM181 Terms and conditions for IT consultant  Price: R 165 Buy this document
  Document length: 2400+ words; Explanatory notes: 500 words    


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  • you may need to allow two or three minutes for your payment to be processed before your document is available;
  • you have 30 days within which to collect your document as often as you like;
  • you can use your document as often as you like for one company or business only.
  • your document is provided in format readable by most word processing programmes.
  • If you choose to pay by cheque please print the form we provide, as instructed.
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