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Business Consultant Agreement
I need a Business Consultant Agreement for a technology transformation project starting March 2025, where the consultant will provide strategic advisory services for implementing new ERP systems and digital workflows, including strict data protection provisions and clear deliverables schedule.
1. Parties: Identification of the contracting parties - the consultant and the client company, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Scope of Services: Detailed description of consulting services to be provided, including specific deliverables and any exclusions
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Clear statement of consultant's status as independent contractor to avoid Scheinselbständigkeit issues
8. Confidentiality: Obligations regarding confidential information and trade secrets in accordance with GeschGehG
9. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials
10. Liability and Indemnification: Scope of liability, limitations, and indemnification obligations under German law
11. Data Protection: GDPR compliance provisions and data processing obligations
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and severability
1. Non-Competition: Restrictions on competitive activities during and after the engagement, used when consultant will have access to sensitive competitive information
2. Service Levels: Specific performance metrics and standards, included for more complex engagements with measurable deliverables
3. Insurance: Requirements for professional liability insurance and other coverage, relevant for high-risk or regulated industry consulting
4. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries or specialized consulting
5. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID
6. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations or use of subcontractors
7. Dispute Resolution: Alternative dispute resolution procedures, useful for international consulting relationships
1. Schedule 1 - Service Description: Detailed description of consulting services, methodologies, and specific deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, payment milestones, and expense categories
3. Schedule 3 - Key Personnel: List of key consultant personnel assigned to the project and their qualifications
4. Schedule 4 - Service Levels and KPIs: Detailed performance metrics and measurement criteria if applicable
5. Schedule 5 - Client Policies: Relevant client policies and procedures that consultant must comply with
6. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed
7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and specific protected information categories
Authors
Services
Deliverables
Client
Consultant
Confidential Information
Intellectual Property Rights
Pre-existing Materials
Work Product
Fees
Term
Business Day
Force Majeure Event
Client Materials
Personal Data
Data Protection Laws
Trade Secrets
Affiliated Companies
Project
Service Levels
Key Personnel
Professional Standards
Completion Date
Change Order
Effective Date
Territory
Applicable Laws
Contract Year
Business Hours
Acceptance Criteria
Project Plan
Milestones
Third Party Materials
Charges
Expenses
Term and Duration
Fees and Payment
Independent Contractor Status
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Warranties
Liability and Indemnification
Insurance
Force Majeure
Termination
Assignment
Amendments
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Compliance with Laws
Service Levels
Personnel
Subcontracting
Audit Rights
Performance Standards
Reporting Requirements
Expenses
Conflict of Interest
Manufacturing
Technology
Financial Services
Healthcare
Automotive
Energy
Telecommunications
Retail
Professional Services
Industrial
Digital Media
Real Estate
Environmental Services
Education
Life Sciences
Legal
Procurement
Human Resources
Finance
Operations
Compliance
Risk Management
Business Development
Project Management
Executive Leadership
Administration
Contracts Management
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Human Resources Director
Project Manager
Operations Director
Business Development Manager
Risk Manager
Compliance Officer
Department Head
Managing Director
General Counsel
Contract Manager
Finance Director
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