CONSULTANCY AGREEMENT
This Consultancy Agreement (“Agreement”) is entered into as of [Effective Date], by and between:
Consultant:
[Consultant’s Name]
[Consultant’s Address]
Phone: [Phone Number]
Email: [Email Address]
AND
Client:
[Client’s Name]
[Client’s Address]
Phone: [Phone Number]
Email: [Email Address]
1. DEFINITIONS
1.1 “Consultancy Services” means the services provided by the Consultant as detailed in Section 2 of this Agreement.
1.2 “Deliverables” means the reports, plans, strategies, presentations, and any other tangible or intangible materials produced by the Consultant in connection with the Consultancy Services.
1.3 “Confidential Information” refers to any proprietary or sensitive information shared by one Party to the other Party during the course of this Agreement.
1.4 “Fees” means the amount paid to the Consultant for the Consultancy Services as set forth in Section 4.
2. SCOPE OF CONSULTANCY SERVICES
2.1 Consultancy Services Provided
The Consultant agrees to perform the following services for the Client:
- [Service 1]: [Detailed description of the first service, tasks involved, and deliverables.]
- [Service 2]: [Detailed description of the second service, tasks involved, and deliverables.]
- [Service 3]: [Detailed description of the third service, tasks involved, and deliverables.]
2.2 Performance Standards
The Consultant agrees to perform the Consultancy Services in a professional manner, consistent with industry standards, and in accordance with the schedule set forth.
2.3 Timeframe
The Consultancy Services shall be provided according to the following timeline:
- [Start Date]: [Service begins.]
- [Milestone 1 Date]: [First milestone due.]
- [Completion Date]: [Final deliverables due.]
Any significant delay in the completion of services must be reported immediately.
2.4 Changes to Scope
Any significant changes or additions to the scope of work shall require mutual written consent from both Parties.
3. TERM AND TERMINATION
3.1 Effective Date
This Agreement shall become effective on [Start Date].
3.2 Duration
This Agreement shall remain in force until [End Date], unless terminated earlier as outlined below.
3.3 Termination for Convenience
Either Party may terminate this Agreement for any reason by providing [X] days’ written notice to the other Party.
3.4 Termination for Cause
Either Party may terminate this Agreement immediately if the other Party breaches any material term of this Agreement, including failure to make timely payments, non-performance, or non-compliance with professional standards.
3.5 Consequences of Termination
Upon termination, the Client agrees to pay the Consultant for all Consultancy Services performed up until the termination date, including any accrued expenses.
4. FEES AND PAYMENT TERMS
4.1 Consultancy Fee
In consideration for the Consultancy Services, the Client agrees to pay the Consultant a fee of [Amount], payable as follows:
- [Deposit Amount] due upon signing of this Agreement.
- [Milestone Payment 1 Amount] due on completion of [Milestone 1].
- [Milestone Payment 2 Amount] due on completion of [Milestone 2].
- [Final Payment Amount] due upon delivery of the final deliverables.
4.2 Payment Method
Payments shall be made by [Payment Method, e.g., Bank Transfer] to the following account:
- Bank Name: [Bank Name]
- Account Name: [Account Name]
- Account Number: [Account Number]
4.3 Late Payment
If any payment is not made within [X] days of the due date, a late fee of [X%] of the unpaid balance will be added for each month the payment is overdue.
4.4 Expenses
The Client agrees to reimburse the Consultant for any reasonable expenses incurred in connection with providing the Consultancy Services, including but not limited to travel, accommodation, and materials, upon prior written approval.
5. CONFIDENTIALITY
5.1 Obligation of Confidentiality
Each Party agrees to treat as confidential any and all Confidential Information disclosed by the other Party. Confidential Information includes all business plans, strategies, customer data, financial information, and any proprietary information.
5.2 Non-Disclosure
Neither Party shall disclose the Confidential Information to any third party without the prior written consent of the disclosing Party, except where required by law.
5.3 Return of Information
Upon termination of this Agreement, or at any time upon the request of the disclosing Party, the receiving Party agrees to return or destroy all Confidential Information in its possession.
6. INTELLECTUAL PROPERTY
6.1 Ownership of Deliverables
Upon full payment of the Consultancy Fees, the Client shall own all intellectual property rights in the Deliverables. The Consultant agrees to assign all rights, titles, and interests in the Deliverables to the Client.
6.2 Pre-existing IP
Any intellectual property rights, methods, tools, or templates that are pre-existing and used by the Consultant during the provision of the Consultancy Services shall remain the sole property of the Consultant. The Client is granted a non-exclusive, royalty-free license to use such pre-existing intellectual property for the purposes intended.
7. INDEMNITY AND LIABILITY
7.1 Indemnity
Each Party agrees to indemnify and hold harmless the other Party from any claims, damages, or losses arising from the breach of any terms of this Agreement or from the negligent or willful misconduct of the indemnifying Party.
7.2 Limitation of Liability
The Consultant’s liability under this Agreement shall be limited to the total amount paid by the Client for the Consultancy Services.
8. DISPUTE RESOLUTION
8.1 Negotiation
In the event of a dispute, the Parties agree to first attempt to resolve the dispute through informal negotiation.
8.2 Mediation
If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation with a mutually agreed-upon mediator.
8.3 Arbitration
If mediation fails, the dispute shall be resolved by binding arbitration under the rules of [Arbitration Body], and the decision of the arbitrator shall be final and binding.
9. MISCELLANEOUS
9.1 Entire Agreement
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements or understandings.
9.2 Amendments
Any amendments to this Agreement must be made in writing and signed by both Parties.
9.3 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
9.4 Force Majeure
Neither Party shall be liable for failure to perform its obligations under this Agreement if such failure is caused by conditions beyond their reasonable control, such as acts of nature, war, or government action.
10. SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Consultancy Agreement on the date first written above:
Consultant:
Signature: ___________________________
Name: [Name]
Title: [Title]
Date: _______________________________
Client:
Signature: ___________________________
Name: [Name]
Title: [Title]
Date: _______________________________