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1. Parties: Identifies the contracting parties - the company/client and the contractor, including their full legal names, addresses, and registration details if applicable
2. Background: Provides context for the agreement and establishes the intention to engage the contractor as an independent service provider
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Services: Detailed description of the services to be provided by the contractor
5. Term and Termination: Duration of the contract, renewal terms, and conditions for termination by either party
6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and tax implications
7. Independent Contractor Status: Explicitly establishes the relationship as independent contracting, not employment
8. Obligations of the Contractor: Contractor's responsibilities, quality standards, and delivery requirements
9. Obligations of the Company: Company's responsibilities including provision of necessary information and resources
10. Intellectual Property Rights: Ownership and rights to work product created during the engagement
11. Confidentiality: Protection of confidential information and trade secrets
12. Representations and Warranties: Statements of fact and promises made by both parties
13. Indemnification: Obligations to protect against losses caused by breach or negligence
14. Governing Law and Jurisdiction: Specifies Indian law as governing law and defines jurisdiction for dispute resolution
15. Notices: Process and addresses for formal communications between parties
16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Compete: Restrictions on contractor's competitive activities - include when protecting business interests is crucial
2. Non-Solicitation: Prevents solicitation of employees/clients - relevant for contractors with access to client relationships
3. Insurance Requirements: Contractor's obligation to maintain specific insurance - important for high-risk services
4. Performance Metrics: Specific KPIs and performance standards - useful for long-term or complex projects
5. Equipment and Resources: Provisions regarding tools and resources - relevant when specific equipment is required
6. Compliance with Policies: Adherence to company policies - important when contractor works on-site or handles sensitive data
7. Subcontracting: Rules regarding use of subcontractors - include when subcontracting might be necessary
8. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID
9. Dispute Resolution: Detailed arbitration or mediation procedures - important for high-value contracts
1. Schedule A - Scope of Work: Detailed specifications of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment milestones, and rate cards
3. Schedule C - Service Levels: Performance standards, metrics, and quality requirements
4. Schedule D - Company Policies: Relevant company policies that contractor must comply with
5. Appendix 1 - Contact Details: Key contact persons and their details for both parties
6. Appendix 2 - Required Documentation: List of documents contractor must maintain/provide (insurance, licenses, etc.)
7. Appendix 3 - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix 4 - Confidentiality Agreement: Detailed NDA terms if not fully covered in main agreement
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Creative Industries
Telecommunications
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