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Independent Contractor Subcontractor Agreement

Independent Contractor Subcontractor Agreement Template for India

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Key Requirements PROMPT example:

Independent Contractor Subcontractor Agreement

"I need an Independent Contractor Subcontractor Agreement for my IT consulting firm in Bangalore, which will engage software developers through a primary contractor, with strong IP protection clauses and the ability to work with multiple clients simultaneously."

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Document background
The Independent Contractor Subcontractor Agreement is essential for businesses operating in India that need to formalize arrangements where a primary contractor delegates work to a subcontractor while maintaining their contractual obligations to the end client. This document is particularly crucial in today's dynamic business environment where specialized skills and flexible workforce arrangements are increasingly common. The agreement ensures compliance with Indian legal requirements, including proper contractor classification, tax obligations, and intellectual property protection. It provides a comprehensive framework for defining the scope of work, payment terms, performance standards, and risk allocation while maintaining the independence of the contracting parties. The document is structured to protect all parties' interests while ensuring clarity in roles, responsibilities, and deliverables.
Suggested Sections

1. Parties: Identification of the contractor and subcontractor, including full legal names, addresses, and registration details

2. Background: Context of the agreement, relationship between parties, and general purpose of the subcontracting arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the subcontractor

5. Term and Timeline: Duration of the agreement and key milestone dates

6. Payment Terms: Compensation, payment schedule, invoicing requirements, and tax considerations

7. Independent Contractor Status: Clear establishment of independent contractor relationship and disclaimer of employment relationship

8. Obligations and Responsibilities: Specific duties and responsibilities of both parties

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and transfer of IP created during the service period

11. Representations and Warranties: Statements of fact and promises made by both parties

12. Indemnification: Protection against third-party claims and damages

13. Termination: Conditions and process for ending the agreement

14. Dispute Resolution: Process for resolving disputes, including arbitration provisions

15. General Provisions: Standard legal provisions including notices, amendments, governing law, etc.

Optional Sections

1. Non-Compete: Restrictions on competitive activities - include when protecting market position or client relationships is crucial

2. Insurance Requirements: Specific insurance coverage requirements - include when services involve significant risks or liability

3. Equipment and Resources: Provisions regarding tools and resources - include when specific equipment or facilities are required

4. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved

5. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved

6. Compliance with Specific Regulations: Industry-specific compliance requirements - include for regulated industries

7. Performance Metrics: Specific performance standards and KPIs - include when quantifiable metrics are crucial

8. Training Requirements: Specific training or certification requirements - include when specialized skills are needed

9. Subcontracting Rights: Right to further subcontract work - include when delegation flexibility is needed

Suggested Schedules

1. Schedule A - Scope of Work: Detailed description of services, deliverables, and technical specifications

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule C - Service Levels: Specific performance metrics, quality standards, and response times

4. Schedule D - Required Documentation: List of required certificates, licenses, and compliance documents

5. Schedule E - Key Personnel: Details of key team members and their qualifications

6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and NDA provisions

7. Appendix 2 - Compliance Checklist: Specific regulatory and compliance requirements

8. Appendix 3 - Project Timeline: Detailed project milestones and delivery schedules

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses















































Relevant Industries

Information Technology

Construction

Consulting

Professional Services

Manufacturing

Engineering

Healthcare

Education

Digital Services

Real Estate

Telecommunications

Research and Development

Creative Industries

Financial Services

Transportation and Logistics

Relevant Teams

Legal

Procurement

Human Resources

Operations

Finance

Compliance

Risk Management

Project Management Office

Business Development

Vendor Management

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Manager

Operations Director

HR Manager

Compliance Officer

Business Development Manager

Finance Manager

Risk Manager

Department Head

General Manager

Chief Operating Officer

Vendor Manager

Program Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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