Independent Contractor (Agent) Agreement ("Agreement")
Introduction
The Company (& Co) and the Agent are each referred to as a "Party" and together as the "Parties." & Co promotes and provides estate agency services in the UK. The Agent will introduce clients to & Co under the terms of this Agreement.
Company:
The Company (& Co) and the Agent are each referred to as a "Party" and together as the "Parties." & Co promotes and provides estate agency services in the UK. The Agent will introduce clients to & Co under the terms of this Agreement.
Parties:
This Agreement is between & Co and the Agent named above. If the Agent wants to work through a company rather than personally, they must complete a Corporate Entity supplement, but they will remain responsible for their obligations under this Agreement. The Agent must provide a basic DBS check certificate before starting work. If this is not available, the Agent cannot begin working until it is provided.
Agreement and Contracting Parties:
Independent Contractor Status
Starting from the date of this Agreement, the Agent is engaged as an independent contractor. The Agent will manage their business independently and is not required to adhere to fixed working hours or sales quotas. This Agreement does not create an employment relationship, partnership, or joint venture between the Parties.
As an independent contractor, the Agent must obtain and maintain insurance coverage for the following:
Professional Indemnity: Minimum coverage of £100,000 with an excess no greater than £1,000.
Public Liability and Vehicle Insurance: As required by law and appropriate for their business.
Employer’s Liability Insurance: If the Agent employs others.
The Agent must provide proof of insurance to & Co before starting work and upon request.
Insurance Coverage:
The Agent is responsible for paying their own taxes, including income tax, National Insurance contributions, and VAT if applicable. & Co will not withhold any taxes or provide employee benefits. The Agent must keep accurate records and ensure all tax obligations are met.
Taxation:
The Agent will bear all costs related to their business, including membership fees, travel, accommodation, and other expenses.
Costs:
The Agent is not considered a commercial agent under the Commercial Agents (Council Directive) Regulations 1993. The Agent acknowledges that any compensation or indemnity is limited to what is provided in this Agreement and that they have no additional rights under the Regulations.
No Commercial Agent Status:
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Identity Verification Process & AML Compliance
Identity Verification Process & AML Compliance
As part of & Co’s company-wide Anti-Money Laundering (AML) compliance framework, all property transactions must undergo identity and ownership verification using our outsourced provider, Lifetime Legal (via Smart Compliance). This is a mandatory process designed to meet HMRC requirements and is underwritten accordingly, ensuring that both the agent and & Co remain fully compliant.
Each verification is charged per file (not per individual), with the same fee structure applying to standard residential sales, company sales, probates, and other transaction types. The current cost is £55 (including VAT) for sellers and £45 (including VAT) for buyers, payable directly by the client during onboarding. This fee also includes Mover Protection, legal advice, and a basic Will provided by Lifetime Legal.
Agents may choose to waive this fee for clients at their own discretion. In such cases, the agent will be personally liable for covering the full cost of the ID check.
In addition to handling the verification process, Smart Compliance provides each agent with a bespoke AML policy, tailored to their individual business and aligned with current HMRC guidelines. This policy, along with the verification system, is a condition of operating under the & Co brokerage, ensuring our group structure and all associated agents remain covered, underwritten, and compliant with AML legislation.
Netanagent Leads and Premium+ Package
All agents are automatically registered with Netanagent.com during onboarding. Where available, we also request the Premium+ upgrade on your behalf, which offers enhanced visibility. This upgrade is limited to one agent per postcode district on a first-come, first-served basis — if it’s not immediately available, we’ll add you to the waiting list.
If a lead results in an instruction:
Sales: 0.22% + VAT (or 0.24% + VAT with Premium+).
Lettings: 10% + VAT (Tenant Find Only) or 20% + VAT (Lettings & Management), based on the first month’s rent.
No fee is payable if the property is not instructed or not marketed. Payment terms and lead handling remain the responsibility of the agent. & Co acts as an introducer only and accepts no liability for Netanagent's services.
Independent Contractor Status
Starting from the date of this Agreement, the Agent is engaged as an independent contractor. The Agent will manage their business independently and is not required to adhere to fixed working hours or sales quotas. This Agreement does not create an employment relationship, partnership, or joint venture between the Parties.
As an independent contractor, the Agent must obtain and maintain insurance coverage for the following:
Professional Indemnity: Minimum coverage of £100,000 with an excess no greater than £1,000.
Public Liability and Vehicle Insurance: As required by law and appropriate for their business.
Employer’s Liability Insurance: If the Agent employs others.
The Agent must provide proof of insurance to & Co before starting work and upon request.
Insurance Coverage:
The Agent is responsible for paying their own taxes, including income tax, National Insurance contributions, and VAT if applicable. & Co will not withhold any taxes or provide employee benefits. The Agent must keep accurate records and ensure all tax obligations are met.
Taxation:
The Agent will bear all costs related to their business, including membership fees, travel, accommodation, and other expenses.
Costs:
The Agent is not considered a commercial agent under the Commercial Agents (Council Directive) Regulations 1993. The Agent acknowledges that any compensation or indemnity is limited to what is provided in this Agreement and that they have no additional rights under the Regulations.
No Commercial Agent Status:
