The Business Plan Writer shall be responsible for the quality of the work and shall ensure that all work is performed with reasonable care and, without limitation, is wholly responsible for ensuring that anyone authorised by him to perform all or any part of the work shall also do so competently and with reasonable care.
The Business Plan Writer shall be responsible for the rectification of any unsatisfactory work at his own expense.
NATURE OF THE ENGAGEMENTThe Business Plan Writer shall at all times be an independent contractor and the Business Plan Writer’s activities and those of his substitutes or employees are at all times under the Business Plan Writer’s exclusive direction and control.The Business Plan Writer shall at all times be responsible for organising how and in what order the work is done and shall liaise with the Client (or the Client’s representative) to ensure that due account is taken of the impact of the timing of the work to be performed upon the activities of the Client and any other contractors, consultants and similar third parties also engaged by the Client.
The engagement under this Agreement is mutually non-exclusive and the Business Plan Writer shall be entitled, at his own expense, to substitute or to employ another worker with the requisite skills and experience to perform the work. The Business Plan Writer shall in any event provide such a substitute where the provision of the work is unduly delayed by absence due to incapacity or for any other reason upon notification by the Client (or the Client’s representative) that a delay is unacceptable.
Whenever possible and practicable, the Business Plan Writer shall use his own equipment, materials and resources to carry out the work.
The engagement and appointment of the Business Plan Writer under this Agreement does not create any mutual obligations on the part of the Client or the Business Plan Writer to offer or accept any further engagement and no continuing relationship shall hereby be created or implied.
EMPLOYMENT STATUS OF THE BUSINESS PLAN WRITER The Business Plan Writer shall at all times be an independent contractor and shall have the status of a self-employed person and shall be responsible for all income tax and national insurance contributions or similar taxes or contributions in respect of the consideration payable under this Agreement.
The Business Plan Writer hereby agrees to indemnify the Client in respect of any claims that may be made by the relevant authorities against the Client in respect of income tax or national insurance contributions or similar taxes or contributions, including interest and penalties, relating to the Work undertaken by the Business Plan Writer under this Agreement.The Business Plan Writer shall be responsible for his expenses and value added tax.
Nothing in this Agreement shall be deemed to create any partnership, joint venture or employment relationships between the Parties.
FEEIn consideration of the work the Client shall pay to the Business Plan Writer a agreed Fee (shown below). The Fee is payable in the following way:
- 50% at the commencement of the work; and- 50% when the draft is complete.
Payment terms – 7 days from the date of issue of each invoice.
INTELLECTUAL PROPERTYUpon receipt in full by the Business Plan Writer of the full Fee due, the copyright and any and all other Intellectual Property Rights subsisting in the work shall be deemed to be assigned to the Client and the Business Plan Writer shall be deemed to have waived his moral rights in respect of the Work arising out of Chapter IV of the Copyright Designs and Patents Act 1988.
Following the assignment of copyright and any and all other Intellectual Property Rights, the Client shall be free to use the work for any purposes including, but not limited to, the purpose for which the work was originally commissioned.
WARRANTIES & INDEMNITYThe Business Plan Writer represents, warrants, undertakes, and agrees with the Client as follows:- the work shall be original to the Business Plan Writer and shall not infringe any copyright, other Intellectual Property Rights, moral rights, rights of privacy, rights of publicity, or any other rights whatsoever of any person;- copyright in the work shall, throughout the full period of copyright protection be valid and subsisting pursuant to the laws of the United Kingdom [and the provisions of the Berne Convention and/or the Universal Copyright Convention].- the work shall not contain any material which has been obtained in violation of the Data Protection Act 1998, the Freedom of Information Act 2000, the Regulation of Investigatory Powers Act 2000, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Official Secrets Act 1989, or any analogous domestic or foreign legislation and nothing contained in the work will, if published, constitute a contempt of court;- the Business Plan Writer shall not assign, licence, transfer, encumber or otherwise dispose of any rights of copyright or any other rights in or to the work except pursuant to this Agreement and shall not enter into any agreement or arrangement which might conflict with the Client’s rights under this Agreement or might interfere with the Business Plan Writer’s performance of his obligations under this Agreement.