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Consulting Agreement

Consultant Details


Consultant Details

Who is providing the consulting services?

Consultant

Individual
Corporation-Organization


e.g. Street, City, Postcode




Frequently Asked Questions
Companies incorporated under the Corporations Act 2001 are assigned an Australian Company Number (ACN). If your ACN is different from the last nine digits of your ABN, then your ACN should also be included in the contract.


Your Consulting Agreement

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CONSULTING AGREEMENT

THIS CONSULTING AGREEMENT (the "Agreement") is dated this ________ day of ________________, ________.

Client

____________________________________________________
(the "Client")

Consultant

____________________________________________________
(the "Consultant")
  1. BACKGROUND
  2. The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide consulting services to the Client.
  3. 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 28 March 2024, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
  6. Performance
  7. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  8. Currency
  9. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
  10. Payment
  11. The Consultant will charge the Client a flat fee of £0.00 for the Services (the "Payment").
  12. The Client will be invoiced when the Services are complete.
  13. Invoices submitted by the Consultant to the Client are due within 30 days of receipt.
  14. 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.
  15. 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.
  16. 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.
  17. Reimbursement of Expenses
  18. The Consultant will be reimbursed from time to time for reasonable and necessary expenses incurred by the Consultant in connection with providing the Services.
  19. All expenses must be pre-approved by the Client.
  20. Confidentiality
  21. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  22. 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 and will survive indefinitely upon termination of this Agreement.
  23. 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.
  24. Ownership of Intellectual Property
  25. 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, trade mark, 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.
  26. 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.
  27. Return of Property
  28. 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.
  29. Capacity/Independent Contractor
  30. 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.
  31. Right of Substitution
  32. Except as otherwise provided in this Agreement, the Consultant may, at the Consultant's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Consultant under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
  33. In the event that the Consultant hires a sub-contractor:
    • the Consultant will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Consultant.
    • for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Consultant.
  34. Autonomy
  35. Except as otherwise provided in this Agreement, the Consultant will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Consultant will work autonomously and not at the direction of the Client. However, the Consultant will be responsive to the reasonable needs and concerns of the Client.
  36. Equipment
  37. Except as otherwise provided in this Agreement, the Consultant will provide at the Consultant’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement.
  38. No Exclusivity
  39. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
  40. Notice
  41. 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.

  42. Indemnification
  43. 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.
  44. Modification of Agreement
  45. 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.
  46. Time of the Essence
  47. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  48. Assignment
  49. 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.
  50. Entire Agreement
  51. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  52. Enurement
  53. 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.
  54. Titles/Headings
  55. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  56. Gender
  57. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  58. Governing Law
  59. This Agreement will be governed by and construed in accordance with the laws of England.
  60. Severability
  61. 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.
  62. Waiver
  63. 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 ________ day of ________________, ________.

_______________________________
______________________ (Client)
_______________________________
______________________ (Consultant)
Consulting Agreement Page of
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Last Updated February 13, 2024

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 Documents:

  • 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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