Independent Contractor Agreement Template
For Freelancers and Consultants
INDEPENDENT CONTRACTOR AGREEMENTβ
This Independent Contractor Agreement ("Agreement") is entered into as of [DATE] ("Effective Date")
BETWEEN:
SkyMirror Kft.
A company incorporated in Hungary
Registered Address: KΓ‘lmΓ‘n Imre utca 1, 1054 Budapest, Hungary
Registration Number: [NUMBER]
("Company" or "Client")
AND:
[CONTRACTOR NAME / COMPANY NAME]
Address: [ADDRESS]
Tax ID: [TAX ID]
("Contractor")
Each a "Party" and collectively the "Parties"
1. ENGAGEMENTβ
1.1 Servicesβ
The Company engages the Contractor to provide the services described in Schedule A ("Services").
1.2 Independent Contractor Statusβ
The Contractor is an independent contractor, not an employee. The Contractor:
- (a) Controls the manner and means of performing Services
- (b) Is responsible for own taxes and insurance
- (c) May work for other clients
- (d) Provides own equipment unless otherwise agreed
1.3 No Employment Relationshipβ
This Agreement does not create an employment relationship. The Contractor is not entitled to employee benefits.
2. TERMβ
2.1 Termβ
This Agreement commences on [START DATE] and continues until:
- [END DATE] (fixed term)
- Completion of Services
- Terminated by either Party
2.2 Renewalβ
- Automatic renewal for successive [1-month] periods unless terminated
- No automatic renewal
3. COMPENSATIONβ
3.1 Fee Structureβ
The Contractor shall be compensated as follows:
Option A: Hourly Rate
- Rate: β¬[X] per hour
- Maximum hours: [X] hours per [week/month]
- Overtime requires prior approval
Option B: Daily Rate
- Rate: β¬[X] per day
- A day consists of [8] working hours
Option C: Fixed Fee
- Total fee: β¬[X]
- Payment schedule: [Per milestone / Monthly / Upon completion]
Option D: Retainer
- Monthly retainer: β¬[X]
- Includes up to [X] hours
- Additional hours at β¬[X] per hour
3.2 Expensesβ
- No expenses reimbursed
- Pre-approved expenses reimbursed at cost
- Expense cap: β¬[X] per month
3.3 Invoicingβ
The Contractor shall submit invoices:
- Frequency: [Weekly / Bi-weekly / Monthly]
- Due date: [X] days after invoice receipt
- Include: Hours worked, description of work, expenses
3.4 Payment Methodβ
Payment by bank transfer to:
- Bank: [BANK NAME]
- IBAN: [IBAN]
- BIC/SWIFT: [CODE]
3.5 Taxesβ
The Contractor is responsible for all taxes. The Company will not withhold taxes unless required by law.
4. SERVICES AND DELIVERABLESβ
4.1 Scopeβ
The Contractor shall perform the Services described in Schedule A, including:
- [Service 1]
- [Service 2]
- [Service 3]
4.2 Deliverablesβ
The Contractor shall deliver:
| Deliverable | Description | Due Date |
|---|---|---|
| [Name] | [Description] | [Date] |
| [Name] | [Description] | [Date] |
4.3 Standardsβ
The Contractor shall:
- (a) Perform Services professionally and competently
- (b) Meet agreed deadlines
- (c) Comply with Company guidelines and standards
- (d) Communicate progress regularly
4.4 Acceptanceβ
Deliverables are subject to Company acceptance within [10] business days.
5. WORKING ARRANGEMENTSβ
5.1 Locationβ
Services may be performed:
- Remotely
- At Company premises
- Combination (specify)
5.2 Equipmentβ
- Contractor provides own equipment
- Company provides: [List equipment]
5.3 Company Contactβ
Primary contact: [NAME, TITLE, EMAIL]
5.4 Reportingβ
The Contractor shall provide:
- Weekly status updates
- Time tracking reports
- Other: [Specify]
6. CONFIDENTIALITYβ
6.1 Confidential Informationβ
"Confidential Information" includes:
- (a) Business plans and strategies
- (b) Technical information and source code
- (c) Customer and financial information
- (d) Any information marked confidential
6.2 Obligationsβ
The Contractor shall:
- (a) Keep Confidential Information strictly confidential
- (b) Use only for performing Services
- (c) Not disclose to third parties
- (d) Return upon termination
6.3 Durationβ
Confidentiality obligations survive termination indefinitely.
6.4 Exceptionsβ
Obligations do not apply to information that:
- (a) Is publicly available
- (b) Was known before disclosure
- (c) Is independently developed
- (d) Is required by law
7. INTELLECTUAL PROPERTYβ
7.1 Work Product Ownershipβ
All work product created under this Agreement ("Work Product") shall be:
- Owned by Company: Work Product is "work made for hire" and belongs to Company
- Licensed to Company: Contractor retains ownership but grants Company exclusive, perpetual license
7.2 Assignmentβ
If Work Product is not "work made for hire," the Contractor hereby assigns all rights to the Company.
7.3 Pre-Existing IPβ
The Contractor retains rights in pre-existing intellectual property. If incorporated into Work Product, Contractor grants Company a perpetual, royalty-free license.
7.4 Third-Party Materialsβ
The Contractor shall not incorporate third-party materials without Company approval.
7.5 Moral Rightsβ
The Contractor waives moral rights to the extent permitted by law.
7.6 Cooperationβ
The Contractor shall sign documents and take actions necessary to perfect Company's rights.
8. REPRESENTATIONS AND WARRANTIESβ
8.1 Contractor Warrantiesβ
The Contractor represents and warrants that:
- (a) Contractor has the right to enter this Agreement
- (b) Services will be performed professionally
- (c) Work Product will be original and not infringe third-party rights
- (d) Contractor has necessary skills and qualifications
- (e) Contractor will comply with applicable laws
8.2 Company Warrantiesβ
The Company represents and warrants that:
- (a) Company has authority to enter this Agreement
- (b) Company will provide necessary information and access
8.3 Disclaimerβ
EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS."
9. INDEMNIFICATIONβ
9.1 Contractor Indemnificationβ
The Contractor shall indemnify the Company against claims arising from:
- (a) Contractor's breach of this Agreement
- (b) Contractor's negligence or misconduct
- (c) Infringement of third-party rights
- (d) Contractor's failure to pay taxes
9.2 Company Indemnificationβ
The Company shall indemnify the Contractor against claims arising from:
- (a) Company's breach of this Agreement
- (b) Company's use of Work Product as permitted
10. LIMITATION OF LIABILITYβ
10.1 Exclusionβ
NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
10.2 Capβ
EACH PARTY'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT IN THE 12 MONTHS PRECEDING THE CLAIM.
10.3 Exceptionsβ
Limitations do not apply to:
- (a) Breach of confidentiality
- (b) IP infringement
- (c) Indemnification obligations
- (d) Gross negligence or willful misconduct
11. TERMINATIONβ
11.1 Termination for Convenienceβ
Either Party may terminate with [14/30] days' written notice.
11.2 Termination for Causeβ
Either Party may terminate immediately if:
- (a) The other Party materially breaches and fails to cure within [14] days
- (b) The other Party becomes insolvent
11.3 Effect of Terminationβ
Upon termination:
- (a) Contractor shall deliver all completed Work Product
- (b) Company shall pay for Services rendered through termination
- (c) Contractor shall return Company property and Confidential Information
- (d) Sections 6, 7, 8, 9, 10, and 12 survive
11.4 Transitionβ
Upon request, Contractor shall provide reasonable transition assistance for up to [30] days at standard rates.
12. GENERAL PROVISIONSβ
12.1 Governing Lawβ
This Agreement is governed by Hungarian law.
12.2 Dispute Resolutionβ
Disputes shall be resolved by:
- (a) Good faith negotiation
- (b) Mediation
- (c) Binding arbitration in Budapest
12.3 Entire Agreementβ
This Agreement constitutes the entire agreement.
12.4 Amendmentsβ
Amendments must be in writing signed by both Parties.
12.5 Assignmentβ
Neither Party may assign without consent.
12.6 Severabilityβ
Invalid provisions shall be modified to be enforceable.
12.7 Waiverβ
Failure to enforce does not waive rights.
12.8 Noticesβ
Notices shall be in writing to addresses specified herein.
12.9 Counterpartsβ
This Agreement may be signed in counterparts.
SIGNATURESβ
SKYMIRROR KFT.
Signature: _________________________
Name: _________________________
Title: _________________________
Date: _________________________
CONTRACTOR
Signature: _________________________
Name: _________________________
Title (if applicable): _________________________
Date: _________________________
SCHEDULE A: SERVICESβ
Project/Engagement: [NAME]β
Description of Servicesβ
[Detailed description of services to be performed]
Deliverablesβ
| # | Deliverable | Description | Due Date |
|---|---|---|---|
| 1 | [Name] | [Description] | [Date] |
| 2 | [Name] | [Description] | [Date] |
| 3 | [Name] | [Description] | [Date] |
Timelineβ
| Phase | Activities | Duration |
|---|---|---|
| [Phase 1] | [Activities] | [Duration] |
| [Phase 2] | [Activities] | [Duration] |
Requirementsβ
- [Requirement 1]
- [Requirement 2]
Assumptionsβ
- [Assumption 1]
- [Assumption 2]
SCHEDULE B: COMPENSATIONβ
Fee Structureβ
| Item | Rate/Amount |
|---|---|
| [Hourly/Daily/Fixed] Rate | β¬[X] |
| Maximum Hours (if applicable) | [X] hours |
| Expense Budget (if applicable) | β¬[X] |
Payment Scheduleβ
| Milestone/Period | Amount | Due Date |
|---|---|---|
| [Description] | β¬[X] | [Date] |
| [Description] | β¬[X] | [Date] |
Invoice Requirementsβ
- Submit to: [EMAIL]
- Include: [Requirements]
- Format: [PDF/Other]
SCHEDULE C: COMPANY POLICIESβ
The Contractor agrees to comply with the following Company policies:
- Code of Conduct
- Information Security Policy
- Acceptable Use Policy
- Other: [Specify]
Contractor acknowledges receipt and understanding: _______
Template Version: 1.0
Last Updated: December 2024
Legal Review Required Before Use