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Basic Consulting Contract
"I need a Basic Consulting Contract for my IT services company based in Auckland, to engage individual software development consultants on a project-by-project basis, with strong IP protection clauses and the ability to extend contracts if needed."
1. Parties: Identification and details of the consultant and the client
2. Background: Context of the agreement and general purpose of the consulting engagement
3. Definitions: Key terms used throughout the agreement and their specific meanings
4. Services: Detailed description of the consulting services to be provided
5. Term: Duration of the agreement, including start date and end date or ongoing arrangements
6. Fees and Payment: Compensation, payment terms, expenses, and invoicing procedures
7. Obligations of the Consultant: Key responsibilities, deliverables, and standards of service
8. Obligations of the Client: Client's responsibilities, including provision of information and access
9. Intellectual Property: Ownership and rights to work produced during the engagement
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnity: Limitation of liability and indemnification provisions
12. Termination: Circumstances and procedures for ending the agreement
13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
14. Execution: Signature blocks and execution details
1. Insurance: Requirements for professional indemnity and other insurance coverage, required when the services involve significant risk or client requirements
2. Non-Competition: Restrictions on working with competitors, used when protecting client's market position is crucial
3. Non-Solicitation: Restrictions on soliciting client's employees or customers, used in situations with significant client contact
4. Data Protection: Specific provisions for handling personal data, required when processing personal information
5. Health and Safety: Specific health and safety obligations, needed when work is performed on client premises
6. Force Majeure: Provisions for unforeseen circumstances, useful in longer-term engagements
7. Dispute Resolution: Detailed dispute resolution procedures, recommended for high-value or complex engagements
8. Assignment and Subcontracting: Rights to assign or subcontract services, needed when flexibility in service delivery is required
1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and performance criteria
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Key Personnel: Details of main consultant(s) and any approved substitutes
4. Schedule 4 - Timeline and Milestones: Project timeline, key dates, and deliverable milestones
5. Schedule 5 - Client Materials and Resources: List of materials, access, and resources to be provided by the client
6. Appendix A - Service Level Agreement: Specific performance metrics and service levels if applicable
7. Appendix B - Compliance Requirements: Any specific regulatory or industry compliance requirements
8. Appendix C - Change Request Process: Procedures for requesting and implementing changes to services
Authors
Information Technology
Management Consulting
Financial Services
Healthcare
Education
Engineering
Environmental Services
Human Resources
Marketing and Communications
Legal Services
Business Strategy
Project Management
Research and Development
Sustainability
Digital Transformation
Legal
Procurement
Human Resources
Finance
Operations
Project Management Office
Business Development
Risk Management
Compliance
Administration
Consultant
Independent Contractor
Business Advisor
Management Consultant
Strategy Consultant
Technical Consultant
Project Manager
Business Development Manager
Legal Counsel
Procurement Manager
HR Manager
Finance Manager
Operations Manager
Department Head
CEO
Managing Director
Business Owner
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