This Contract Consultancy Services agreement is designed for use in the Australian business environment where organizations engage external expertise for specific projects or ongoing professional services. It is particularly relevant in situations where businesses require specialized knowledge, skills, or resources that are not available internally. The document incorporates all necessary elements required under Australian law, including provisions that clearly differentiate consulting arrangements from employment relationships as per the Independent Contractors Act 2006. It addresses key areas such as service delivery, intellectual property rights, confidentiality, liability, and dispute resolution, while ensuring compliance with Australian Consumer Law and relevant state-based regulations. This template is suitable for both individual consultants and consulting firms, and can be customized based on the specific nature of services, industry requirements, and risk profile of the engagement.
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1. Parties: Identification of the service provider (consultant) and client, including ABN/ACN
2. Background: Context of the agreement and general purpose of the consultancy arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Term and Appointment: Duration of the agreement and formal appointment of consultant
5. Services: Detailed description of consulting services to be provided
6. Consultant's Obligations: Key responsibilities, standards of service, and compliance requirements
7. Client's Obligations: Client's responsibilities including providing access, information, and cooperation
8. Fees and Payment: Payment terms, rates, expenses, and invoicing procedures
9. Intellectual Property: Ownership and licensing of pre-existing and created IP
10. Confidentiality: Protection and handling of confidential information
11. Liability and Indemnity: Risk allocation, limitations of liability, and indemnification obligations
12. Insurance: Required insurance coverage and minimum limits
13. Termination: Grounds for termination and consequences
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment
1. Data Protection: Required when personal data processing is involved in the services
2. Regulatory Compliance: Needed for regulated industries or specific compliance requirements
3. International Services: Required when services are provided across multiple jurisdictions
4. Software Development: Specific terms for IT consultancy involving software development
5. Non-Solicitation: Restrictions on hiring or soliciting each party's personnel
6. Change Management: Process for varying scope or nature of services
7. Performance Metrics: Specific KPIs or service levels for measuring consultant performance
8. Security Requirements: Specific security protocols and requirements for sensitive projects
1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Key Personnel: List of approved consultant personnel and their roles
4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable
5. Schedule 5 - Client Policies: Relevant client policies consultant must comply with
6. Schedule 6 - Project Plan: Detailed project timeline and delivery milestones
7. Appendix A - Insurance Requirements: Specific insurance types and coverage limits required
8. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Management Consulting
Financial Services
Healthcare
Engineering
Education and Training
Mining and Resources
Construction
Environmental Services
Manufacturing
Telecommunications
Business Advisory
Research and Development
Digital Transformation
Relevant Teams
Legal
Procurement
Finance
Human Resources
Operations
Risk and Compliance
Project Management Office
Commercial
Business Development
Senior Management
Contract Administration
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Procurement Manager
Legal Counsel
Contract Manager
Project Manager
Human Resources Director
Operations Manager
Risk Manager
Department Head
Business Development Manager
Commercial Manager
Compliance Officer
Finance Manager
General Counsel
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