A consultancy agreement, also known as a consulting contract, is a legal document that outlines the terms and conditions of an engagement between a consultant or consulting firm and a client. It defines the scope of work, responsibilities, payment terms, confidentiality, and other essential details of the consulting project. Here's a sample consultancy agreement that you can use as a template:
This Consultancy Agreement ("Agreement") is made and entered into on [Date] ("Effective Date"), by and between:
Name: [Client's Name]
Address: [Client's Address]
[City, State, ZIP Code]
Email: [Client's Email]
Phone: [Client's Phone Number]
Name: [Consultant's Name]
Business Name (if applicable): [Consultant's Business Name]
Address: [Consultant's Address]
[City, State, ZIP Code]
Email: [Consultant's Email]
Phone: [Consultant's Phone Number]
**Scope of Work:**
The Consultant agrees to provide the following consulting services to the Client:
[Provide a detailed description of the scope of work, including objectives, deliverables, milestones, and any other relevant details.]
**Terms and Conditions:**
1. **Term:** This Agreement shall commence on the Effective Date and continue until the completion of the project, unless terminated earlier by either party with written notice.
2. **Payment:** The Client agrees to pay the Consultant a fee of [Specify Payment Amount] for the consulting services. Payment shall be made in accordance with the payment schedule outlined in Exhibit A.
3. **Expenses:** The Consultant may be reimbursed for reasonable and pre-approved out-of-pocket expenses related to the project, as specified in Exhibit B.
4. **Confidentiality:** Both parties agree to maintain the confidentiality of any proprietary or sensitive information obtained during the project.
5. **Intellectual Property:** The Consultant agrees that any work product or intellectual property created during the project shall belong to the Client.
6. **Termination:** Either party may terminate this Agreement with written notice if the other party breaches any material term or condition.
7. **Indemnification:** The Consultant agrees to indemnify and hold the Client harmless from any claims, damages, or liabilities arising from the Consultant's performance or the use of the Consultant's services.
8. **Governing Law:** This Agreement is governed by and construed in accordance with the laws of [State/Country].
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.
This Agreement may only be amended in writing and signed by both parties.
If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect.
Client's Name: ________________________ Consultant's Name: ________________________
- Exhibit A: Payment Schedule
- Exhibit B: Expense Reimbursement Details
Please note that this template is for informational purposes only and should not be considered legal advice. It's essential to consult with legal counsel to ensure that the consultancy agreement complies with local laws and adequately addresses the specific needs of your consulting engagement.
Sample Draft of a Consulting Agreement
This Consulting Agreement (the “Agreement” or “Consulting Agreement”) states the terms and conditions that govern the contractual agreement between [Consultant.Company] having its principal place of business at [Consultant.Address] (the “Consultant”), and [Client.Company] (the “Client”) who agrees to be bound by this Agreement.
WHEREAS, the Consultant offers consulting services in the field of [Consulting field] ; and
WHEREAS, the Client desires to retain the services of the Consultant to render consulting services with regard to [Scope of cosulting services] according to the terms and conditions herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Consultant and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
This Agreement shall begin on [Begin date] and continue for [Time period] . Either Party may terminate this Agreement for any reason with [Days written notice] days written notice to the other Party.
2. Consulting Services
The Consultant agrees that it shall provide its expertise to the Client for all things pertaining to [Scope of cosulting services] (the “Consulting Services”).
In consideration for the Consulting Services, the Client shall pay the Consultant at the rate of $ [Rate] per hour. The Consultant shall invoice the Client once every [Invoice timeframe] and such invoices shall be due and payable within [Invoices payable within time frame] days of the Client’s receipt of the invoice.
4. Intellectual Property Rights in Work Product
The Parties acknowledge and agree that the Client will hold all intellectual property rights in any work product resulting from the Consulting Services including, but not limited to, copyright and trademark rights. The Consultant agrees not to claim any such ownership in such work product’s intellectual property at any time prior to or after the completion and delivery of such work product to the Client.
The Consultant shall not disclose to any third party any details regarding the Client’s business, including, without limitation any information regarding any of the Client’s customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or (iii) use Confidential Information other than solely for the benefit of the Client.
During the term of this Agreement and for [Number months for noncompetition] months thereafter, the Consultant shall not engage, directly or indirectly, as an employee, officer, manager, partner, manager, consultant, agent, owner or in any other capacity, in any competition with the Client or any of its subsidiaries, including any company engaged in [Type of business] .
7. Nonsolicitation of Customers
During the term of this Agreement and for [Number months for customers] months thereafter, the Consultant will not, directly or indirectly, solicit or attempt to solicit any business from any of the Company’s clients, prospects, employees or contractors.
8. Nonsolicitation of Employees
During the term of this Agreement and for [Number months for employess] months thereafter, the Consultant will not, directly or indirectly, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of the Company’s employees, or contractors for work at another company.
The Client agrees to indemnify, defend, and protect the Consultant from and against all lawsuits and costs of every kind pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by the Client based upon the Consulting Services.
10. No Modification Unless in Writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
11. Applicable Law
This Consulting Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of [State] and subject to the exclusive jurisdiction of the federal and state courts located in [County] , [State] .
IN WITNESS WHEREOF, by execution by the parties below, this Service-Level Agreement will form a part of the Contract.
[Consultant.FirstName] [Consultant.LastName] [Client.FirstName] [Client.LastName