The Consultant Appointment Agreement is a crucial legal document used when engaging external expertise on a professional services basis in Malta. It serves to clearly define the relationship between the client and consultant, ensuring proper classification as an independent contractor rather than an employee under Maltese law. The agreement includes essential provisions regarding service scope, fees, intellectual property, confidentiality, and data protection, while ensuring compliance with Maltese regulatory requirements including tax and social security obligations. This document is particularly important in protecting both parties' interests, establishing clear deliverables and expectations, and maintaining compliance with relevant Maltese legislation and EU regulations such as GDPR.
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1. Parties: Identification of the client and consultant, including full legal names, registration numbers (if applicable), and registered addresses
2. Background: Context of the agreement, brief description of the client's business and consultant's expertise
3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Intellectual Property Rights', etc.
4. Appointment and Status: Confirmation of consultant's appointment and explicit statement of independent contractor status
5. Services: Detailed description of services to be provided by the consultant
6. Consultant's Obligations: Key responsibilities, standards of service, compliance requirements
7. Client's Obligations: Client's responsibilities, including provision of information and cooperation
8. Fees and Payment: Payment terms, invoicing procedures, expenses, and VAT considerations
9. Intellectual Property Rights: Ownership and licensing of existing and created IP
10. Confidentiality: Confidentiality obligations and permitted disclosures
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Insurance: Limitation of liability, indemnities, and required insurance coverage
13. Term and Termination: Duration of agreement and termination provisions
14. Post-Termination: Obligations and rights surviving termination
15. General: Standard boilerplate clauses including notices, entire agreement, governing law
1. Non-Compete: Restrictions on competing activities - include when protecting client's business interests is crucial
2. Service Levels: Specific performance metrics and standards - include for technical or specialized services
3. Change Control: Process for varying services or terms - include for long-term or complex engagements
4. Key Personnel: Named individuals responsible for service delivery - include when specific expertise is crucial
5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value contracts
6. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for public sector or regulated industry work
7. Equipment and Materials: Provisions regarding tools and resources - include when physical assets are involved
8. Audit Rights: Client's right to audit consultant's work - include for regulated industries or compliance-heavy services
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fees and Payment Terms: Detailed fee structure, rates, and payment schedules
3. Schedule 3 - Key Personnel: Details of key consultant personnel and their qualifications
4. Schedule 4 - Service Levels: Specific performance metrics and measurement criteria
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6 - Client Policies: Relevant client policies consultant must comply with
7. Appendix A - Form of Invoice: Template for consultant's invoices
8. Appendix B - Change Request Form: Template for requesting changes to services or terms
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