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Consultancy Agreement
"I need a consultancy agreement for a 6-month project with a commercial client, including a monthly retainer of $5,000, 10% performance bonus, and a 30-day termination notice period."
What is a Consultancy Agreement?
A Consultancy Agreement spells out the terms when you hire an external expert or advisor to help your business in Saudi Arabia. This legal contract defines what the consultant will do, how much they'll be paid, and how long the arrangement will last - following Kingdom regulations for professional services.
The agreement protects both parties by clearly stating deliverables, confidentiality rules, and intellectual property rights. Under Saudi commercial law, it must specify if the consultant is independent (not an employee), include Sharia-compliant payment terms, and follow Ministry of Labor guidelines about using foreign expertise. Good agreements also address dispute resolution through local courts or arbitration centers.
When should you use a Consultancy Agreement?
Use a Consultancy Agreement when bringing in external expertise for your Saudi business, especially for specialized projects like IT implementations, market research, or strategic planning. This becomes essential when engaging professionals who aren't regular employees but need access to sensitive company information or will create valuable intellectual property.
The agreement proves particularly important for regulated sectors in the Kingdom, where you must document compliance with Saudization requirements and Ministry of Labor rules about foreign consultants. It's crucial when the project involves significant budgets, spans multiple phases, or requires clear deliverables and milestones - protecting both parties through proper documentation of expectations and responsibilities.
What are the different types of Consultancy Agreement?
- Business Consulting Contract: Standard template for general business advisory services, covering strategy and operations
- Sales Consultant Contract: Specialized for sales professionals, including commission structures and target metrics
- Consultant Services Master Agreement: Framework agreement for ongoing multiple projects with the same consultant
- HR Consulting Contract: Focused on human resources services, including Saudization compliance support
- Consultant Retainer Agreement: For ongoing advisory relationships with fixed monthly fees and service commitments
Who should typically use a Consultancy Agreement?
- Saudi Companies: Organizations seeking external expertise, from small businesses to large corporations, must ensure the agreement aligns with local commercial laws
- Professional Consultants: Both local and international experts providing specialized services, subject to Ministry of Labor regulations and professional licensing requirements
- Legal Departments: In-house counsel or external law firms who draft and review agreements to ensure Sharia compliance and protect client interests
- HR Managers: Responsible for consultant onboarding, ensuring compliance with Saudization quotas, and managing consultant relationships
- Project Managers: Oversee deliverables, timelines, and consultant performance as specified in the agreement
How do you write a Consultancy Agreement?
- Consultant Details: Gather full legal name, professional credentials, commercial registration details, and Saudi professional licenses
- Project Scope: Define specific deliverables, timelines, milestones, and quality standards expected from the consultant
- Payment Terms: Determine fee structure, payment schedule, and ensure Sharia-compliant financial arrangements
- Compliance Check: Verify Saudization requirements, foreign consultant permits, and relevant industry regulations
- Key Provisions: List confidentiality needs, intellectual property rights, and dispute resolution preferences
- Document Generation: Use our platform to create a legally-sound agreement that incorporates all essential elements under Saudi law
What should be included in a Consultancy Agreement?
- Party Information: Full legal names, commercial registration numbers, and authorized signatories' details
- Service Description: Detailed scope of work aligned with Saudi commercial law requirements
- Duration and Termination: Clear start/end dates and Sharia-compliant termination provisions
- Payment Terms: Fee structure, payment schedule, and VAT requirements under Saudi tax laws
- Confidentiality: Data protection measures following CITC regulations
- Intellectual Property: Clear ownership terms compliant with Saudi IP laws
- Dispute Resolution: Saudi courts' jurisdiction or approved arbitration centers
- Regulatory Compliance: References to relevant Ministry of Labor and Saudization requirements
What's the difference between a Consultancy Agreement and an Advisory Agreement?
A Consultancy Agreement differs significantly from an Advisory Agreement in several key aspects under Saudi law. While both involve external expertise, their scope, duration, and legal implications vary considerably.
- Project Focus: Consultancy Agreements typically cover specific projects with clear deliverables and end dates, while Advisory Agreements establish ongoing relationships for general guidance and counsel
- Payment Structure: Consultants usually charge project-based or hourly fees, whereas advisors often work on retainer arrangements with fixed monthly payments
- Legal Obligations: Consultants bear direct responsibility for delivering specific outcomes under Saudi commercial law, while advisors provide recommendations without the same level of liability
- Regulatory Requirements: Consultancy Agreements must meet stricter Ministry of Labor requirements for foreign expertise, while Advisory Agreements often face lighter regulatory scrutiny
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