The MOU Consultancy Agreement serves as a preliminary framework document for establishing professional consultancy relationships under English and Welsh law. It is particularly useful when parties wish to formalize their intentions and key terms while maintaining some flexibility in their arrangement. While not as rigid as a full service agreement, this document includes essential elements of a consultancy relationship including scope of services, payment terms, and key obligations. The document is designed to comply with UK regulations while protecting both parties' interests in a consultancy arrangement.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of consultancy services to be provided
5. Fees and Payment: Payment terms, rates, and invoicing procedures
6. Term and Termination: Duration and conditions for ending the agreement
7. Confidentiality: Protection of sensitive information
8. Intellectual Property Rights: Ownership and usage rights of created materials and pre-existing IP
9. Data Protection: Compliance with GDPR and data protection requirements
10. Liability and Indemnity: Extent of liability and indemnification obligations
11. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
1. Non-Compete: Restrictions on competing activities during and after the agreement
2. Insurance: Required insurance coverage and minimum levels
3. Force Majeure: Provisions for handling unforeseeable circumstances
4. Change Control: Process for managing changes to services or agreement terms
5. Anti-Bribery and Corruption: Compliance with anti-corruption laws and ethical business practices
6. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations
1. Schedule 1 - Services: Detailed scope of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structure
3. Schedule 3 - Service Levels: Performance metrics, standards, and KPIs
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
5. Schedule 5 - Key Personnel: Details of key individuals involved in service delivery
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