Online Catalogue | Consultancy Contracts | Consultancy Agreement (premium)
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This is a sophisticated template consultant agreement, which may be adapted either to balance the interests of the parties or to favour the interests of one party over the other. You can get a good idea of the content and style of the template by looking at this sample version of the standard consultancy T&Cs:Sample Consultant AgreementThe agreement may be used in relation to the provision of business, management, IT and other consultancy services.In addition to the clauses in the "standard" version of the consultancy agreement, this "premium" agreement includes: provisions on interpretation, a simple acceptance procedure, hourly-rate charging, variation of charges, more sophisticated IPR provisions allowing for third party rights, customer materials, moral rights and partial assignments/licences, more comprehensive limitations of liability, indemnities, mutual (rather than unilateral) confidentiality provisions, data protection provision, non-solicitation clauses, notices clauses, and more detailed boilerplate clauses.This consultancy agreement contains these clauses:> Definitions and interpretation> Engagement> Duties of the Consultant> Acceptance> Charges> Intellectual Property Rights> Warranties> Indemnities> Limitations and exclusions of liability> Termination> Effects of termination> Confidentiality and publicity> Data protection> Status of consultant> Non-solicitation> Notices> GeneralThis agreement is 20 pages long (including the cover page), and is supplied in Word (.doc) format for easy editing.
Does the document provide for day rate-based charging?This agreement incorporates optional provisions covering hourly rate-based charging, and these could quite easily be adapted for day rate-based charging.How does the clause on the variation of charges work?Under the suggested charges variation clause, the consultant has the right to vary the charges by giving written notice of the variation to the customer. The notice must expire on the anniversary of the date of execution of the agreement. The notice period should be defined in the agreement, and the customer at least may want this to be longer than the notice period for termination. The right to increase the charges may be limited by reference to the Retail Prices Index.What does the non-solicitiation section in this document do?The purpose of this clause is to protect the staff of one or both parties from being poached by the other. The clause is expressed to cover contractors as well as employees. The period for restrictions should expire on or at some point after termination of the agreement. Note that the enforceability of this type of restriction may be challenged in court.
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