FREELANCER / INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN
__________, of __________, acting through __________ (the "Client");
AND
__________, of __________, PAN __________ (the "Freelancer").
- 1. INDEPENDENT STATUS
1.1 The Freelancer works as an independent contractor and not as an employee, partner or agent of the Client. The Freelancer decides how, where and when the work is done, subject to the deadline, and uses their own tools.
1.2 The Freelancer is not entitled to salary, provident fund, ESI, gratuity, leave or any other employee benefit, and is responsible for their own income tax and, where applicable, GST.
- 2. THE WORK
2.5 The Freelancer confirms that the work will be the Freelancer's own original work, and that it will not knowingly copy anyone else's material or break anyone's rights. Any third-party material (fonts, stock images, software) the Freelancer uses will be licensed for the Client's use, and the Freelancer will say so.
- 3. FEE AND PAYMENT
3.3 The fee is stated before GST. If the Freelancer is registered for GST, GST at the rate in force is added and invoiced separately; if not, none is charged. Where the law requires the Client to deduct tax at source from the fee, the Client shall deduct it, pay the balance, and give the Freelancer the certificate for it. The rate and the threshold are those the law prescribes at the time of payment.
3.4 If the Client does not pay an invoice when due, the Freelancer may pause the work until it is paid, and the delivery date moves by the days lost. Any advance already paid is not refundable once the Freelancer has started work, except where the Freelancer ends the arrangement without cause.
- 4. OWNERSHIP OF THE WORK
4.2 The Freelancer keeps ownership of tools, templates, methods and general know-how that the Freelancer already had or develops independently, even if used in the work.
- 5. CONFIDENTIALITY
- 6. ENDING THE ARRANGEMENT
6.2 On ending, the Client shall pay for the work done up to that day in proportion to the fee, and the Freelancer shall hand over the work done so far. Clause 4.1 then applies to the part paid for.
- 7. DISPUTES AND GOVERNING LAW
7.3 This Agreement is governed by the laws of India.
- 8. GENERAL
8.1 This Agreement is the entire agreement between the parties about its subject matter and replaces all earlier discussion, whether oral or written.
8.2 No change to this Agreement is effective unless it is in writing and signed by all the parties.
8.3 If any provision is held invalid or unenforceable, the rest of this Agreement continues in effect.
8.4 A notice under this Agreement must be in writing and sent to the other party at its address stated above, or to a new address it has given in writing. It is treated as received on delivery, or on the third day after posting by registered post.
SIGNED for the CLIENT
__________
Signature: ______________________________
SIGNED by the FREELANCER
__________
Signature: ______________________________
WITNESSES