Save 75% On Service Agreements Compared To The High Street

Service Agreements typically address the following:

• The parties to the agreement;
• The service being offered;
• The term of agreement; and
• The remuneration that will be provided to the Service Provider.

In addition, Service Agreements may also provide specifics on:

• How confidential information is to be treated upon the Service Provider's termination;
• Whether there are limitations on the Service Provider's ability to compete with the Customer's business upon the Service Provider's termination; and
• How disputes between the Customer and Service Provider will be handled.

Independent contractors are individuals who provide services for a fee but are not considered to be employees because they work for themselves and do not have an employer. Examples of independent contractors include those who operate their own practice or trade in fields such as plumbing, carpentry or graphic design or in more specialised technical settings such as accounting, engineering or computer programming.

The law treats employees and independent contractors differently, but it is not always easy to establish which category an individual falls into. In cases of dispute, courts will determine the appropriate category by examining a number of factors. Some factors will be considered more important than others. Examples of relevant factors are:

• Who is providing the tools for the job;
• The level of skill required for the job;
• Who controls the work and the work product;
• Whether the hired party must provide oral/written progress reports;
• Whether the job is performed on the business premises;
• The duration of the relationship between the parties;
• The ability to delegate or sub-contract the job of the hired party;
• Whether the hired party has discretion over how long and when they work;
• Whether any insurance or benefits are provided to the hired party;
• Whether the hired party's expenses are reimbursed;
• Whether the hired party can realise a profit or loss;
• Whether the work is part of the regular business of the hiring party;
• Whether the parties have a written agreement defining the status of the hired party;
• The method of payment; and
• The way the hired party is treated by taxing authorities.