Before asking for an employment, services or consultancy agreement, write down what the business needs the person or provider to achieve. A clear brief helps you choose suitable terms, compare proposals and identify issues that need specialist advice.
Describe the work and the result
Separate an ongoing role from a defined project or outsourced service. State the responsibilities, deliverables, timetable and acceptance process. If you are commissioning a website, specify more than “a new website”: include the functions, content responsibilities, access arrangements and handover material.
Identify the parties and working arrangements
Check who will contract with the business and who will actually perform the work. Record supervision, access to premises or systems, use of subcontractors and responsibility for equipment. Where an individual is involved, assess employment status on the facts; a service agreement heading does not decide it.
Our employment and contractor guide explains why employment-rights and tax questions should be considered separately.
Resolve money, rights and information
Explain how fees are calculated, when invoices are due, what expenses are permitted and how changes are approved. Identify confidential information and personal data the provider will receive, and obtain advice on the appropriate contractual and operational arrangements.
Set out which existing materials each party brings and what new work will be created. Decide what ownership or licences the business needs, including whether third-party software or content limits future use. Keep those decisions consistent with the provider’s proposal.
Plan for an orderly exit
Consider notice, incomplete work, outstanding charges, return of equipment, transfer of credentials and continued access to essential files. A successful project is less useful if the business cannot operate or maintain the result after the provider leaves.
For acquisition planning, map the business’s reliance on external providers. Identify contracts tied to the seller personally, informal arrangements and services shared with another group company. Decide which relationships must continue at completion.
Choose the agreement after the brief
Use the completed brief to select or commission the appropriate document. If ownership of creative work needs separate attention, read the IP assignment checklist. The aim is a usable agreement that reflects the work, supported by a process the business can follow.
Sources and further reading
General information for England and Wales. Your circumstances may require legal, tax, financial or other professional advice.
Your next practical step.
Check the contents and scope of the documents relevant to this topic.
Copyright transfer agreement
Record a transfer of copyright, identify the work being transferred and check the permissions and handover steps involved.
See contents and suitability
Website transfer agreement
Put a website transfer in writing, with a record of what changes hands and the permissions and practical steps to check.
See contents and suitability