This Consulting Agreement Contract is designed for use in Ireland when engaging external consultants or consulting firms to provide professional services to businesses or organizations. The agreement establishes the framework for a non-employment relationship between the parties, clearly defining the consultant's status as an independent contractor while ensuring compliance with Irish law, including the Terms of Employment (Information) Acts 1994-2014 and relevant tax legislation. It covers essential elements such as service scope, fees, intellectual property rights, confidentiality, data protection under GDPR, and termination provisions. The document is particularly important in protecting both parties' interests and avoiding potential misclassification of the relationship as employment under Irish law.
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1. Parties: Identifies the contracting parties - the client and the consultant (including whether operating as an individual or through a company)
2. Background: Sets out the context of the agreement and confirms the consultant's independent contractor status
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Establishes the engagement of the consultant and duration of the agreement
5. Services: Outlines the consulting services to be provided
6. Consultant's Obligations: Details the consultant's duties, responsibilities, and standard of service
7. Client's Obligations: Specifies the client's responsibilities and commitments
8. Fees and Payment: Details the consulting fees, payment terms, expenses, and invoicing procedures
9. Intellectual Property: Addresses ownership and rights to work product created during the engagement
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Data Protection: Ensures GDPR compliance and establishes data handling procedures
12. Liability and Indemnity: Sets out liability limitations and indemnification obligations
13. Termination: Specifies how the agreement can be terminated and the consequences
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement
1. Insurance: Required when specific insurance coverage needs to be maintained by the consultant
2. Non-Compete: Used when restrictions on working with competitors are necessary, subject to Irish competition law
3. Service Levels: Include when specific performance metrics or standards need to be met
4. Equipment and Resources: Required when specifying who provides necessary tools and resources
5. Staff and Subcontracting: Include when the consultant may need to use other personnel or subcontractors
6. Change Control: Used for longer-term engagements where scope changes are likely
7. Force Majeure: Include when protection against unforeseen events is required
8. Anti-Bribery and Corruption: Required for compliance with anti-corruption laws, especially in regulated industries
1. Schedule 1 - Services Description: Detailed specification of the consulting services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and standards if applicable
4. Schedule 4 - Key Personnel: Details of key individuals involved in providing the services
5. Appendix A - Data Processing Agreement: Required when personal data processing is involved, ensuring GDPR compliance
6. Appendix B - Acceptable Use Policy: If the consultant requires access to client systems or resources
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Management Consulting
Financial Services
Healthcare
Manufacturing
Professional Services
Education
Construction
Retail
Energy
Telecommunications
Environmental Services
Marketing and Advertising
Research and Development
Human Resources
Legal Services
Relevant Teams
Legal
Human Resources
Procurement
Finance
Operations
Compliance
Risk Management
Project Management
Business Development
Contract Administration
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
HR Director
Procurement Manager
Project Manager
Department Head
Operations Director
Business Development Manager
Contract Manager
Risk Manager
Compliance Officer
Managing Director
Finance Director
Technical Director
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