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What are the things I should take care of if I entering into a contract as a Freelancer for a German company?

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Posted on 16-Mar-17
U
Unknown User
Answered on 23-May-17
You would like to take care of the following: 1. Scope of Work (What is the exact nature of job that you are supposed to do, what are the deliverables, whether your scope remains constant or is on a per-work-order basis, whether you would be required to travel and meet clients in person, etc.) 2. Remuneration (Whether the remuneration is on a lump sum basis, a one time basis, per-work-order basis, whether there are any deductibles, in which currency will they be provided, specification of the bank account in which the remuneration would be transferred, regularity of payment, any deductions/penalties if applicable, expenses that you may have to undertake which would be reimbursed or not, limit of reimbursements, furnishing of proof in relation to reimbursement etc.) 3. Any Non-disclosure/confidentiality issues - If the company deals in proprietary or sensitive information, or with clients which are critical for the business of the company, you may be asked to ensure confidentiality of information. 4. Term of the Agreement 5. Causes for Termination of the Agreement 6. Ownership of Intellectual Property 7. Non-compete and Non-solicit Clauses 8. Standard boiler plate terms (waiver, amendment, severability, etc.) 9. Governing Law and dispute resolution clause - extremely important to understand the implications of the governing law and dispute resolution clause as that would determine your ability to enforce your rights under the agreement against the company. Additionally, there may be various other clauses that may be critical, depending on the nature and type of business you would be performing. Would be happy to assist.
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Advocate default
Answered on 27-Feb-21
Terms of your consultancy need to be explicitly laid down in your contract such as: 1) revenue share percentage, in which case you need to know what would be considered as revenue eg, discounts applied while charging the clients, etc. 2) Intellectual property rights - where would they lie 3) governing law of the contract 4) arbitration and jurisdiction in case of disputes 5) Indemnification clause Above are few of the examples. There may be more depending on your commercial arrangement
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