Why do I need an Independent Contractor Agreement in New Zealand?
Your business is growing, that’s great! You might need extra hands to help with BAU work, on-demand services, or specialist skills for a particular project, but not yet feel ready for the commitment of an employee.
Our Independent Contractor Agreement ensures you own any intellectual property created by the contractor, your confidential business information and goodwill are protected, and the expectations around scope of work, fees and payment terms are clear.
To understand the difference between an Independent Contractor Agreement and Employment Agreement, see our blog here.
Who is this NZ Independent Contractor Agreement for?
Any business hiring a person (or a company with just one employee) who would like greater flexibility than with an employee.
If, instead, you are looking to take on an employee (full or part-time) – see our Individual Employment Agreement.
If you’re looking to purchase a particular service from a business with one or multiple employees, our Services Agreement may be better suited to your needs. See our industry-customised services agreements for a creative or consultant.
What’s in this Independent Contractor Agreement?
NZ lawyers have designed this agreement for use by NZ businesses. It’s simple, easy to understand, without legalese, and fair to both sides, reducing negotiation time and keeping the relationship positive.
Our Independent Contractor Agreement lets you choose how long the services will be provided, the scope and details of the services, the contractor's remuneration, payment terms, optional key performance indicators or targets, and any specific policies, industry standards, or codes the contractor must comply with. It also protects your confidential information and intellectual property and has optional non-compete and non-solicitation restraints (to stop the contractor from taking your clients or employees or competing with your business).
If the agreement is with a company (instead of the contracting company’s employee who is performing the service), the agreement allows you to require the employee to sign a Confidentiality Agreement before starting the services, and the contracting company to get the employee’s agreement to comply with the intellectual property, non-compete and non-solicitation restraints.
How long will it take to create my document?
10-15 minutes – do it over your next coffee! During the Q&A you can save your progress to come back later, or repeat the Q&A to change an answer or produce a new version of a document.
What information do I need to complete the Q&A?
- The name and contact details of the hirer and the independent contractor
- The scope and details of the work, its duration, location and hours, the fees, payment terms, any insurance requirements, any key performance indicators or targets, rights to cancel, and any specific policies, industry standards or codes the contractor must comply with
- If the independent contractor is a company, any employee of the company required to perform the work and agree to any non-compete and non-solicitation restraints
- The duration and area of any non-competition and non-solicitation restraints
What if I need help?
On Your Terms has teamed up with Luminate Legal to offer its customers the option of obtaining legal advice from a lawyer to provide extra assurance and peace of mind. If you would like to ask a lawyer some quick questions about your document (or your responses to the Q&A), or have your document reviewed/edited by a lawyer, click here to view and select Luminate Legal's packages and fixed-fee pricing exclusively for On Your Terms customers.
What do I do once my document is created?
The agreement is ready to sign as soon as you have downloaded it. Both parties must sign for it to be legally enforceable, ideally before the independent contractor starts work. For signing advice, read our helpful blog here.
Other helpful information:
- Check out these blogs: 90 Day trial periods are now an option with any new employee, Do I really need T&Cs?, What's the difference between an independent contractor and an employee?
- You may also find these bundles or documents useful for your business: Term Sheet for Project, Services Agreement, Individual Employment Agreement, Creative Services Essentials Bundle, Consultancy Services Essentials Bundle.
- Check out our FAQs here
If you’re unsure whether this agreement is what you need, reach out to us at hello@onyourterms.co.nz – we’re happy to help!
If you’re not satisfied with your purchase of this product for any reason, let us know why within 10 days of your purchase and we’ll work with you to make sure you’re happy, including giving you a full refund if necessary.
Disclaimer: On Your Terms was created to provide fast, easy and affordable access to legal information and documentation. We are not a law firm and do not provide legal advice. The information and documents we provide are of a general nature, designed for common situations, and may not be suitable for your needs or circumstances. If you need legal advice, we have a network of specialist law firm partners able to help you here.