Free Consulting Agreement

Free Consulting Agreement

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Consulting Agreement

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Consulting Agreement

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A Consulting Agreement may be used for consulting services or work that is on a single project or fixed term basis.


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CONSULTING AGREEMENT

THIS CONSULTING AGREEMENT (the "Agreement") dated this 24th day of October, 2017

BETWEEN:

______________________ of ______________________________, _________________________, __________, __________
(the "Client")

- AND -

______________________ of ______________________________, _________________________, __________, __________
(the "Consultant").

BACKGROUND:

  1. The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide consulting services to the Client.
  2. The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  1. Services Provided
  2. The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the "Services"):
    • _______________________________________________________________
      _______________________________________________________________.
  3. The Services will also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Client.
  4. Term of Agreement.
  5. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until 24 October 2017, subject to earlier termination as provided in this Agreement.The Term of this Agreement may be extended with the written consent of the Parties.
  6. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  7. Performance
  8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  9. Currency
  10. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
  11. Payment
  12. The Consultant will charge the Client a flat fee of £0.00 for the Services (the "Payment").
  13. The Client will be invoiced when the Services are complete.
  14. Invoices submitted by the Consultant to the Client are due within 30 days of receipt.
  15. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Consultant will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Consultant.
  16. The Payment as stated in this Agreement does not include Value Added Tax. Any Value Added Tax required will be charged to the Client in addition to the Payment.
  17. The Consultant will be responsible for all income tax liabilities and National Insurance   or similar contributions relating to the Payment and the Consultant will indemnify the Client in respect of any such payments required to be made by the Client.
  18. Reimbursement of Expenses
  19. The Consultant will be reimbursed from time to time for reasonable and necessary expenses incurred by the Consultant in connection with providing the Services.
  20. All expenses must be pre-approved by the Client.
  21. Confidentiality
  22. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  23. The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
  24. All written and oral information and material disclosed or provided by the Client to the Consultant under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Consultant.
  25. Ownership of Intellectual Property
  26. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  27. The Consultant may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Consultant will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
  28. Return of Property
  29. Upon the expiry or termination of this Agreement, the Consultant will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  30. Capacity/Independent Contractor
  31. In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
  32. Notice
  33. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
    1. ______________________
      ______________________________, _________________________, __________, __________
    2. ______________________
      ______________________________, _________________________, __________, __________

    or to such other address as either Party may from time to time notify the other.

  34. Indemnification
  35. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
  36. Modification of Agreement
  37. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
  38. Time of the Essence
  39. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  40. Assignment
  41. The Consultant will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
  42. Entire Agreement
  43. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  44. Enurement
  45. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  46. Titles/Headings
  47. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  48. Gender
  49. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  50. Governing Law
  51. This Agreement will be governed by and construed in accordance with the laws of .
  52. Severability
  53. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  54. Waiver
  55. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 24th day of October, 2017.

 



_______________________________
__________________________(Client)

 



_______________________________
__________________________(Consultant)


Consulting Agreement

Alternate Names:

A Consulting Agreement is also referred to as a/an:

  • Consulting Contract
  • Freelance Contract
  • General Contractor Agreement
  • Consultant Services Agreement
  • Independent Contractor Agreement

What is a Consulting Agreement?

A Consulting Agreement is a contract made between a freelancer and a client that details the terms of their working arrangement, and the desired results for that arrangement, the planned duration of the arrangement and the nature of the project.

A consulting contract is commonly used by businesses that need to engage an outside expert to perform some type of work or provide expert advice, or by a consultant entering into contract on their own terms.

What can I include in a Consulting Agreement?

A consulting contract typically contains the following information:

  • What the consultant is being hired to do
  • The term of the agreement—whether the contract is on a fixed term, fixed project basis, or open-ended
  • Frequency of payment (flat fee, hourly rate, etc.)
  • Whether the client will pay the consultant a retainer fee
  • How the consultant's expenses will be handled
  • The ownership of any intellectual property created under the contract
  • Whether the consultant will have a duty to not reveal confidential information

Why should I use a Consulting Agreement?

A consulting agreement clearly defines the terms of the contract for both client and consultant and deals with matters and eventualities the parties might not otherwise address. This reduces the possibility of a misunderstanding arising between the parties and provides a framework for managing all aspects of the working relationship.

It is essential for taxation and auditing purposes that records be kept of all payroll and expense disbursements, and written service and employment agreements are an integral part of that practice.

Consultants can refer to their consulting services agreement to create invoices for a client. They can also keep a copy of the agreement for their files.

It is important for both parties to have a clear idea how long the contract will last, the date it will end, and in what circumstances can the contract be terminated.

Related Forms:

  • Computer Services Agreement: a contract used between a freelance computing technology professional and a business client to establish a work arrangement
  • Independent Contractor Agreement: an agreement document which a freelance contractor can use when signing on to do work for a client
  • Employment Contract: a legal contract used by an employer when hiring a new worker, which details wages or salary and other terms of employment
  • Confidentiality Agreement: a contract creating a duty not to disclose or reveal certain sensitive or private information which must pass from one party to the other as part of a business relationship or transaction
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