🧑‍🏫 Consultancy Agreement

About this category

A consultancy agreement is a contract between a consultant and a client, in which the consultant agrees to provide services to the client. The agreement should specify the nature of the services to be provided, the terms of payment, and the duration of the agreement.

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🧑‍🏫 Consultancy Agreement

templates

Consultancy Agreement - Company appointing an individual consultant (not using a personal service company)

This template is to be used the next time your company needs to set out terms with an individual (i.e. not to be used for agreements involving a personal service company as defined within IR35). It sets out the terms on which a contractor provides services to a client company, and is perfect for freelance software developers, marketing consultants, designers, PR/HR/recruitment consultants.

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Professional Appointment (Commercial Property)

This document is typically used in the commercial property development sector to appoint an architect, engineer, employer's agent, project manager, quantity surveyor or other designer or construction professional.

What to watch out for

  • The document should spell out the specific duties of the professional being appointed.
  • The document should identify the project for which the professional is being appointed.
  • The document should set out the terms of the professional's appointment, including the duration of the appointment, the professional's fee, and any expenses that will be reimbursed.
  • The document should identify the parties to the professional appointment and their respective rights and obligations.
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    Consultancy Agreement

    A consultancy agreement between a company and a consultant. The client shall engage the consultant and the consultant shall provide the services on the terms of this agreement.This consultancy agreement can be used when hiring a contractor or consultant. It contains the usual terms around term, termination, payment and fees, expenses, confidential information and data protection. The agreement also handles intellectual property to ensure that IP of the work is transferred to the company paying for the consultant, how notices should be provided and whether the contract can be varied.

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    Sample Consultancy Agreement (Lambert)

    Use this agreement when an individual researcher undertakes to provide consultancy services to a Sponsor. The researcher assigns IP in the work they do as a consultant to the Sponsor in return for payments made by the Sponsor.

    Note: In order to be assign those rights, the researcher must own them, which normally means they must not have developed them during the course of their employment by the university; if they have been developed in the course of his employment, those rights will usually belong to the university.

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    JCT Contractor / Consultancy Agreement (Public Sector)

    This is a JCT Contractor / consultancy agreement (Public Sector), 2016 Edition (CA 2016), which is a legal document between a contractor and a consultant in the public sector.

    What to watch out for

  • Make sure that the agreement complies with all relevant legislation, including any statutory requirements relating to the procurement process;
  • Check that the agreement sets out the scope of the work to be undertaken by the contractor or consultant, and that this is clear and achievable;
  • Ensure that the terms of the agreement are fair and reasonable, and that they protect the interests of the public sector body;
  • Make sure that the agreement includes appropriate provisions for payment, liability, insurance, and termination;
  • Ensure that the agreement is properly executed by all parties, and that it is entered into on a date that is no later than the commencement of the work.
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    Side Letter (To Contractor / Consultancy Agreement)

    A side letter to the Contractor / consultancy agreement via a service company containing undertakings by the individual who controls the service company in order to induce the client company to enter into the Contractor / consultancy agreement with the service company.

    What to watch out for

  • The potential for the individual who controls the service company to not uphold their end of the bargain, as laid out in the side letter.
  • The possibility that the client company may not be aware of the side letter, and thus not be able to hold the service company or the individual who controls it accountable.
  • The potential for the Contractor / consultancy agreement to be void if the side letter is not honored.
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    Associated business activities

    Appoint professional consultant

    When someone wants to Appoint professional consultant, they may want to do so for a number of reasons. For instance, the person may want to receive expert advice on a particular issue, or they may want someone to manage a project on their behalf. Professional consultants can provide a range of services, and so appointing one can be a way of ensuring that a specific task is carried out effectively.

    Hire a consultant

    When using a Consultancy Agreement, someone might want to Hire a consultant for various reasons. These reasons may include the consultant’s expert knowledge in a particular field, their ability to provide objective advice, or their ability to help with a specific project.