The Short Independent Contractor Agreement is designed for businesses operating in India that need to engage external professionals or service providers on a non-employment basis. This document is particularly useful when companies require specialized services or expertise for specific projects or limited durations without creating an employer-employee relationship. The agreement includes essential provisions required under Indian law while remaining concise and practical. It addresses key aspects such as scope of work, compensation, intellectual property rights, and confidentiality, while ensuring compliance with relevant Indian legislation including the Indian Contract Act, 1872, and applicable tax laws. The document is structured to clearly establish the independent nature of the relationship, helping avoid potential misclassification issues under Indian labor laws.
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1. Parties: Identifies the contracting parties - the company/client and the independent contractor, including their full legal names and addresses
2. Background: Brief context of the agreement and confirmation of contractor's independent status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the contractor
5. Term and Termination: Duration of the agreement and conditions for termination by either party
6. Compensation and Payment Terms: Fee structure, payment schedule, and reimbursement terms
7. Independent Contractor Status: Clear statement of contractor's independent status and not an employee
8. Intellectual Property Rights: Ownership of work product and pre-existing IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Basic warranties about capability to perform services and legal right to contract
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
1. Non-Compete: Restrictions on working with competitors - use when contractor will have access to sensitive competitive information
2. Non-Solicitation: Prevents contractor from soliciting client's employees or customers - use when contractor will have significant contact with them
3. Insurance Requirements: Specifies required insurance coverage - use for high-risk services or when contractor works on-site
4. Compliance with Policies: Requires adherence to client's policies - use when contractor works on-site or interfaces with client's systems
5. Equipment and Resources: Specifies who provides necessary tools and resources - use when there's shared resource usage
6. Indemnification: More detailed indemnification provisions - use for high-risk services or when required by client's policies
1. Schedule A - Scope of Work: Detailed description of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment milestones, and any variable compensation components
3. Schedule C - Client Policies: Relevant client policies that contractor must follow (optional, include only if referenced in main agreement)
4. Appendix 1 - Contact Details: Key contact persons for both parties and their details
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