Consultancy contract: client version
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About this consultancy contract
This document is suitable for any organisation in any business. This consultancy contract is for use by a business or any other organisation to take on a consultant. It is drawn with a view to the consultant being a company, large or small. It is drawn with a view to a tough line to favour the client in every area. Of course your industry sector affects the work you want to instruct your consultant to do. But this is a legal document, not a specification for work. This contract is for a client to present to his consultant. See below for alternative consultancy contracts. It may be edited either by you before you submit it, or in negotiation with your consultant. It is drawn to protect you, the client, but should also be acceptable to your consultant.
The size of the consultant organisation is not really relevant. But we take the view that if anything goes wrong with a major consultancy contract it will have more serious consequences than a contract with a professor at your local university. It is easy to lighten the contract if you do not want to be so hard on your consultant.
This is an “umbrella” contract, set up for the possibility of future assignments under the same terms. That way, if you want more work from the same consultant, all you have to do is define it and refer to this agreement. Even if you expect never to re-employ, you do not have to delete anything on that account.
If your business is IT related, you may prefer the version with additional relevant paragraphs relating to IP protection at IT consultant contract: client's version. Other choices are listed below.
The consultancy contract provides for the specification of work to be placed in a schedule to this agreement on the first time it is used. All later assignments of work will automatically be subject to this contract.
There are options in several areas, notably contract summary, payment systems and working arrangements.
- Ease of use (as always with Net Lawman documents)
- Thorough coverage of legal areas
- Practical, alternative business provisions
- No requirement for you be your own lawyer
The law in this consultant’s agreement
There is little statute law in this consultancy agreement. It depends on basic contract law and tort. However, the structure and the contents of the agreement reflect the latest thinking on what is needed to protect a business from theft of its intellectual property.
Alternatives to this consultant’s agreement
Net Lawman publishes three types of consultancy contract:
- for a corporate consultancy to offer to its client
- for a single consultant working alone or with colleagues or sub-contractors
- for the client of a consultant to offer to a consultant, to protect his own interest. (this contract)
Each of these three is available in three versions:
- for IT consultants;
- for HR consultants;
- and for any other.
The IT and HR versions contain more provisions relating to aspects of IT and HR, but the legal framework is the same in all.
You can see the full selection at Consultancy agreements.
Contents of this agreement
- Definitions and interpretation
- Preliminary legal matters
- Consultant to avoid conflicts of interest
- Consultant's status and obligations
- Consultant’s fees and expenses
- Work management procedure
- Option for use of sub-contractors by consultant
- Consultant’s work for other clients
- No competition
- Intellectual property
- Inventions and new intellectual property
- Duration and termination
- Mutual indemnities
- Other legal provisions
- Publicity / Announcements
- Miscellaneous matters
Over 2,200 words of helpful and informative drafting notes.
This document was written by an attorney for Net Lawman. It complies with current South African law.
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