template

DevOps Engineer Contract (Consultancy Agreement via Personal Service Company)

by
Genie Team
Genie Team
Aug, 09 2022

When to use this template

  • If you are a DevOps Engineer working through a personal service company (also known as a PSC), and you are providing services to another business, then you can use this contract template.

  • This template includes the necessary clauses and terms to ensure that the contract is legally binding and sets out the services offered, your responsibilities, your client's rights, and other important legal matters.

  • This contract is drafted in a way which makes it clear that you are not an employee of the client company but working for them as a consultant or contractor.

  • Likewise, if you are a company who is looking to hire a DevOps Engineer as a consultant or contractor to provide services to your company, you can use this template.

  • It sets out the terms and conditions under which the DevOps Engineer will provide their services and defines the typical commercial terms such as payment, term and termination as well as the assignment of IP to the company and ensures the DevOps Engineer is legally bound to work according to your specifications.

  • The agreement protects both parties by clearly defining the expectations and responsibilities of each, and can help avoid disputes down the road.

Key issues covered in this template

  • Consultancy fees (options to base a fee on time worked or on the agreed project fee)

  • Payment period and method

  • Term and termination

  • Power of attorney

  • Warranties

  • Liability and Insurance

  • IP ownership assigned to the company

  • Duties surrounding confidential information

  • Consultancy's duties

  • No employment or partnership relationship between the consultant and company

  • Data Security and Backups

  • Data Security Audits

  • Non-infringement of third party rights warranty

  • Company cloud permitted use

  • Payment in lieu of notice

  • Garden leave

What to watch out for

  • Companies defined as medium and large sized, as well as public authorities need to comply with IR35 to ensure the consultant should not be treated as an employee. For more information, see: https://www.gov.uk/guidance/understanding-off-payroll-working-ir35.

  • Carefully consider whether you want to include any post-termination restrictions in this agreement as these could increase the risk that an arrangement falls inside IR35.

  • By default, contractors own the IP of their work under UK law. However, this contract assigns the IP of their work to the company hiring them.

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Author

Genie Team

Genie Team

@genieteam
Genie AI Team

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Terms of use

This is not legal advice - see more
Genie AI terms and conditions
Code of conduct

3 years ago

Genie

Genie Team

Services unique to the role of DevOps Engineer were added as part of the services the Consultancy will provide under this agreement. The template contains clauses specific to consultancy agreements through a personal service company (PSC). New definitions specific to the role of DevOps Engineer were added. New company property clause (which includes Company's cloud permitted use). New definition added to IP clause. Additions to the termination clause include the obligation after termination to 'flush out all cloud and server access keys' and an obligation to produce a signed statement from the consultancy confirming that they have complied with their obligations after termination. An option was added for the company to gain assistance from the consultancy the with handover of the project, if requested. Non-infringement warranty clause guaranteeing that no third party rights were infringed.

3 years ago

Genie

Genie Team

Services unique to the role of DevOps Engineer were added as part of the services the Consultancy will provide under this agreement. The template contains clauses specific to consultancy agreements through a personal service company (PSC). New definitions specific to the role of DevOps Engineer were added. New company property clause (which includes Company's cloud permitted use). New definition added to IP clause. Additions to the termination clause include the obligation after termination to 'flush out all cloud and server access keys' and an obligation to produce a signed statement from the consultancy confirming that they have complied with their obligations after termination. An option was added for the company to gain assistance from the consultancy the with handover of the project, if requested. Non-infringement warranty clause guaranteeing that no third party rights were infringed.

Additional information

Business categories

Employment

Business activities

Hire a consultant

Contract type

Consultancy agreement

Relevant sectors

Relevant company sizes

Governing law

England and Wales

Language

English UK

Gender neutral

Yes