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Consultancy Agreement Between Two Companies
"I need a Consultancy Agreement Between Two Companies under Austrian law for a 12-month IT transformation project starting March 2025, with specific provisions for data protection, source code ownership, and monthly milestone-based payments."
1. Parties: Identification of the consulting company and the client company, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship and intention
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of consulting services to be provided
5. Term and Commencement: Duration of the agreement and start date
6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
7. Obligations of the Consultant: Key responsibilities and commitments of the consulting company
8. Obligations of the Client: Client's responsibilities including provision of information and cooperation
9. Intellectual Property Rights: Ownership and usage rights of pre-existing and created intellectual property
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Termination: Termination rights and procedures
14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
15. Execution: Signature blocks and execution requirements
1. Non-Competition: Restrictions on competitive activities, used when consulting involves sensitive market information
2. Insurance: Insurance requirements, included when specific coverage is needed for the services
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term agreements
4. Assignment and Subcontracting: Rights to assign or subcontract services, included when relevant to the business model
5. Service Levels: Specific performance metrics and standards, used for measurable consulting services
6. Audit Rights: Client's rights to audit consultant's work, included for regulated industries or complex projects
7. Personnel: Requirements for specific personnel or qualifications, used when key individuals are critical
8. Compliance with Laws: Specific regulatory compliance obligations, included for regulated industries
1. Schedule 1 - Services Description: Detailed specification of consulting services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and quality standards if applicable
4. Schedule 4 - Key Personnel: List of key personnel assigned to the project if relevant
5. Schedule 5 - Data Processing Agreement: Detailed GDPR compliance terms if personal data is processed
6. Schedule 6 - Required Insurance: Specific insurance requirements and coverage levels
7. Appendix A - Project Timeline: Detailed project phases and deadlines if applicable
8. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements
Authors
Information Technology
Management Consulting
Financial Services
Healthcare
Manufacturing
Energy and Utilities
Telecommunications
Professional Services
Real Estate
Construction
Environmental Services
Education and Training
Research and Development
Digital Transformation
Business Strategy
Legal
Procurement
Finance
Operations
Project Management
Business Development
Risk and Compliance
Professional Services
Commercial
Executive Leadership
Human Resources
Information Technology
Strategy
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Project Manager
Contract Manager
Business Development Director
Operations Director
Consulting Director
Commercial Manager
Risk Manager
Compliance Officer
Head of Professional Services
Managing Partner
Chief Operating Officer
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