The Agreement Between Consultant And Company is a crucial legal document used when engaging external expertise or professional services in Hong Kong. It is designed to protect both parties' interests while ensuring compliance with Hong Kong's legal framework, including the Contract Law (Cap. 26), Personal Data (Privacy) Ordinance, and relevant business regulations. This agreement is essential when a company requires specialized skills, expertise, or services on a project or temporary basis without establishing an employment relationship. It covers key aspects such as service scope, payment terms, intellectual property rights, confidentiality, and liability provisions, while maintaining flexibility to accommodate various consulting arrangements. The document is structured to comply with Hong Kong's business practices and regulatory requirements, making it suitable for both local and international consulting relationships.
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1. Parties: Identifies and provides full details of the consultant and the company
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Details the appointment of the consultant and the general scope of services
5. Term and Termination: Specifies the duration of the agreement and termination provisions
6. Consultant's Obligations: Lists the key responsibilities and duties of the consultant
7. Company's Obligations: Outlines the company's responsibilities and commitments
8. Fees and Payment: Details the consultation fees, payment terms, and expenses
9. Intellectual Property: Addresses ownership and rights to intellectual property created during the consultancy
10. Confidentiality: Covers confidentiality obligations and handling of sensitive information
11. Data Protection: Addresses compliance with Hong Kong's Personal Data (Privacy) Ordinance
12. Liability and Indemnity: Sets out liability limitations and indemnification provisions
13. Insurance: Specifies required insurance coverage
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement
1. Non-Competition: Restricts consultant from competing activities - include when protecting business interests is crucial
2. Non-Solicitation: Prevents solicitation of clients/employees - include for consultants with significant client contact
3. Performance Metrics: Defines specific performance standards - include when measurable outcomes are required
4. Compliance with Policies: Requires adherence to company policies - include when consultant works closely with company staff
5. Equipment and Resources: Details provision of equipment - include when company provides significant resources
6. Training and Support: Outlines training requirements - include for complex service arrangements
7. Subcontracting: Addresses ability to subcontract - include when subcontracting might be needed
8. Force Majeure: Covers unforeseen circumstances - include for long-term or critical service arrangements
1. Schedule 1 - Services: Detailed description of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: Lists key individuals involved in providing the services
4. Schedule 4 - Service Levels: Specific performance metrics and service standards
5. Schedule 5 - Company Policies: Relevant company policies applicable to the consultant
6. Appendix A - Required Insurance: Details of required insurance coverage
7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix C - Equipment List: Inventory of any company equipment provided to consultant
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