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Independent Subcontractor Agreement

Independent Subcontractor Agreement Template for South Africa

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Key Requirements PROMPT example:

Independent Subcontractor Agreement

"I need an Independent Subcontractor Agreement for a software developer who will work on our fintech project from March 2025 to December 2025, including special provisions for source code ownership and remote work arrangements."

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Document background
This Independent Subcontractor Agreement is designed for use in South Africa when a company wishes to engage the services of an independent contractor while clearly establishing a non-employment relationship. The agreement is particularly relevant in situations where specialized services or expertise are required on a project or temporary basis. It includes essential provisions required under South African law, including compliance with the Labour Relations Act, tax regulations, and POPIA requirements. The document carefully structures the relationship to avoid creating an implied employment relationship, which could have significant legal and financial implications under South African labor law. This agreement is suitable for various professional services and includes provisions for intellectual property protection, confidentiality, service delivery standards, and payment terms.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor

2. Background: Context of the agreement and confirmation of the independent contractor relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Status: Formal appointment of contractor and explicit confirmation of independent contractor status

5. Scope of Services: Detailed description of services to be provided by the contractor

6. Term and Termination: Duration of the agreement and termination provisions

7. Remuneration and Payment Terms: Fee structure, payment schedule, and expenses policy

8. Contractor Obligations: Key responsibilities and commitments of the contractor

9. Company Obligations: Key responsibilities and commitments of the company

10. Intellectual Property: Ownership and rights regarding work product and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: POPIA compliance and data handling requirements

13. Liability and Indemnification: Risk allocation and insurance requirements

14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Equipment and Resources: Used when contractor needs specific equipment or resources to perform services

2. Performance Standards: Include when specific quality metrics or standards need to be met

3. Non-Competition: Include when contractor will have access to sensitive competitive information

4. Non-Solicitation: Include when contractor will have significant contact with company's clients or employees

5. Health and Safety: Include when contractor will work on company premises

6. Warranties: Include when contractor provides specialized professional services

7. Dispute Resolution: Include when parties want specific dispute resolution procedures

8. Force Majeure: Include when services are critical and need contingency provisions

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and reimbursable expenses

3. Schedule 3 - Performance Metrics: Specific KPIs or quality standards if applicable

4. Schedule 4 - Company Policies: Relevant company policies contractor must comply with

5. Appendix A - Required Insurance Coverage: Details of insurance types and coverage amounts required

6. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

Professional Services

Consulting

Engineering

Marketing and Advertising

Healthcare

Education and Training

Financial Services

Manufacturing

Creative Industries

Research and Development

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Research & Development

Marketing

Business Development

Compliance

Risk Management

Relevant Roles

Project Manager

IT Consultant

Marketing Consultant

Financial Advisor

Business Analyst

Software Developer

Training Specialist

Engineering Consultant

Creative Director

Research Consultant

Technical Specialist

Management Consultant

Content Creator

Strategic Advisor

Professional Coach

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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