Recently Viewed

Consulting Contract

Consulting Contract
  Zoom
Our Price:  $15.00(Exc. 20% VAT)

This pack contains three consulting contracts: a standard-form contract, a short-form contract for more straightforward jobs and a long-form contract for more complex arrangements.


A consulting contract is a type of services agreement. A consultancy or consultant will typically be appointed by a client to provide professional advice and support, and may also be contracted to produce documents, software or other deliverables.

The documents included in this pack are:

  • Consultancy Agreement (short-form);
  • Consultancy Agreement (standard-form); and
  • Consultancy Agreement (long-form).

The consultant will want to ensure that the client pays his bills on time. Accordingly, these consulting contracts includes provisions concerning the late payment of fees. The client will be concerned to ensure that the consulting services are delivered to a good standard and on time. To account for this, the template contracts include specific provisions about the manner and time of service delivery.

One of the key issues in consultancy contracts under which deliverables are being produced is the ownership of intellectual property rights in the deliverables. These rights may be retained by the consultant, or assigned by the consultant to the client, or licensed by the consultant to the client. Where the intellectual property rights are licensed to the client, it will be important - for both parties - to ensure that the license is both suitable and certain in scope. Both the standard-form and long-form contracts in the pack contain comprehensive provisions regarding intellectual property.

The consulting contracts in this pack are between 10 and 26 pages long. Immediately after purchase, a download link for the document will be made available to you. The file is in compressed (.zip) format, while the documents themselves are supplied in MS Word (.docx) format.

(1) Definitions:

A list of special terms used in the agreements.

(2) Term:

When does the contract begin, and when does it end?

(3) Services:

To which standard(s) should the services be provided? Must the consultant keep the customer informed about the progress of the services? Must the consultant comply with reasonable client requests? What about client policy documents?

(4) Client obligations:

Does the have any obligations to provide assistance to the consultant, or to procure the assistance of any third parties? Standard-form and long-form versions only.

(5) Deliverables:

What works and materials must be delivered to the client? When should they be delivered and how? Will client feedback be needed? What warranties will the consultant give in relation to the deliverables? Standard-form and long-form versions only.

(6) Acceptance:

Will the client have an opportunity for formally review - and to formally accept or reject - the deliverables? On what substantive basis will acceptance testing / reviewing be carried out? What are the consequences of acceptance, and of rejection? Long-form version only.

(7) Client Materials: 

Will the client supply and works and materials to the consultant for use in connection with the services? On what basis will those works and materials be licensed? Will the client warrant that they are non-infringing? Standard-form and long-form versions only.

(8) Intellectual Property Rights: 

Will rights in deliverables be assigned to the client, or will they be licensed, or will the some rights be assigned while others are licensed? How  will third party rights be handled? What about moral rights? Standard-form and long-form versions only.

(9) Charges: 

What must he client pay by way of charges? When must the charges be paid? How will taxes be handled?

(10) Expenses: 

To what extent is the client obliged to reimburse the consultant's expenses? Does the consultant have a concomitant obligation to retain evidence of expenses, and to supply that evidence to the client upon request? Long-form version only.

(11) Timesheets:

Does the consultant have an obligation to keep and supply timesheets? Long-form version only.

(12) Payments: 

When may the consultant issue invoices to the client? When should such invoices be paid? What method(s) may be used for payment? Will contractual interest be payable in the event of a failure to pay on time?

(13) Confidentiality obligations:

To what extent are the parties expressly obligated to keep each others' information confidential? What exceptions apply to those confidentiality obligations? What happens to confidential information and confidentiality obligations after termination of the contract? Standard-form and long-form versions only.

(14) Publicity:

Are the parties' free to publicise the agreement? If not, what restrictions will apply? Long-form version only.

(15) Data protection:

Personal data processing-related obligations. Long-form version only.

(16) Warranties:

What general warranties do the parties give? Also, should implied warranties and representations be excluded?

(17) Indemnities:

With either or both parties give any express indemnities? What if any conditions must a party fulfil to gain the benefit of an indemnity? Standard-form and long-form versions only.

(18) Limitations and exclusions of liability:

Are one or both parties protected with respect to liability for loss of profits, revenue, use, opportunities, data and/or software? Are liabilities capped?

(19) Force Majeure Event:

Will the parties' obligations be suspended in the event of force majeure? Are there an concomitant notification or mitigation obligations? Standard-form and long-form versions only.

(20) Termination:

When and how may the parties terminate the contract for convenience? How may the parties terminate in the event of breach or insolvency?

(21) Effects of termination:

Which contractual provisions will continue to have effect after termination? Also, termination will not affect accrued rights.

(22) Non-solicitation of personnel:

Will the parties be expressly prohibited from poaching each other's employees? Long-form version only.

(23) Status of Consultant:

Identify the consultant as in independent party, not employee. No redundancy payments or similar compensation.

(24) Notices:

How should formal notifications relating to the contract be sent? Will receipt of notifications be deemed to have happened in any particular circumstances? Standard-form and long-form versions only.

(25) Subcontracting:

Is the consultant permitted to subcontract its obligations under the contract? Is consent necessary for subcontracting? Standard-form and long-form versions only.

(26) General clauses:

Assignment, waivers, severability, third party rights, variation, entire agreement, governing law, jurisdiction, interpretation.

SCHEDULE 1 (Services particulars):

What services will be provided? What will actually be delivered to the client? When will the services be provided and the deliverables delivered? What specific works and materials must the client provide to the consultant? What must be paid, and when?
 
SCHEDULE 2 (Data processing information):

Identifies the specific processing information required under data protection law.

 

How does this contract protect the consultant's IP?

The intellectual property sections of the consultancy contracts (standard and long-form) are straightforward. There is a choice between an assignment or a license of the consultant's rights in the deliverables. The consultant's rights can be protected by using an appropriately restrictive license. You will also need to consider whether such a license will continue after termination.

What protection is there in the consulting contract templates for the client's secret information?

The longer templates include a confidentiality clause protecting the confidential information of the client and/or the consultant. The consultant undertakes not to disclose the client's information, or to misuse that information. There are however exceptions to the basic non-disclosure obligations. For example, disclosure to insurers and professional advisors may be expressly permitted.

Can't find the answer to your question? Then please ask.


Customers who bought this item also bought: