The Advisory Services Contract is a fundamental legal document used when engaging professional advisors or consultants in Ireland. It is essential for businesses and organizations seeking external expertise while maintaining clear contractual boundaries and protections. This agreement is designed to comply with Irish contract law and relevant EU regulations, including GDPR. It should be used whenever a business or individual engages an advisor for professional services, whether for short-term projects or ongoing consultancy. The document typically covers service scope, fees, confidentiality, intellectual property rights, liability limitations, and data protection requirements. It's particularly important in establishing clear deliverables, payment terms, and professional boundaries to prevent potential disputes and ensure both parties understand their obligations and rights.
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1. Parties: Identifies and provides full legal details of the advisor and the client
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the advisory services to be provided
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Fees and Payment Terms: Compensation structure, payment schedule, and expenses
7. Obligations of the Advisor: Key responsibilities and commitments of the advisor
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Confidentiality: Provisions for handling confidential information
10. Intellectual Property: Ownership and usage rights of any IP created during the engagement
11. Data Protection: GDPR compliance and data handling requirements
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Insurance: Required insurance coverage for the advisor
14. Governing Law and Jurisdiction: Specification of Irish law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Non-Compete: Restrictions on advisor's ability to work with competitors (use when protecting market position is crucial)
2. Non-Solicitation: Prevents poaching of employees or clients (use when advisor will have significant contact with staff/clients)
3. Force Majeure: Provisions for unforeseen circumstances (use when long-term or critical services are involved)
4. Assignment: Rights to transfer the agreement (use when either party might need to transfer rights/obligations)
5. Compliance with Laws: Specific regulatory compliance requirements (use in regulated industries)
6. Key Personnel: Identification of specific individuals (use when service quality depends on particular experts)
7. Service Levels: Specific performance metrics (use when quantifiable standards are required)
8. Dispute Resolution: Alternative dispute resolution procedures (use for high-value or complex services)
1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Key Personnel: Details of key team members and their qualifications
4. Schedule 4 - Service Levels: Specific performance metrics and measurement criteria
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Appendix A - Required Insurance Coverage: Specific insurance types and coverage levels
7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix C - Compliance Requirements: Industry-specific regulatory requirements and standards
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