The Basic Consulting Agreement serves as a fundamental legal framework for establishing professional consulting relationships under Maltese law. This document is essential when engaging external expertise on a project or temporary basis, ensuring clear distinction from employment relationships while maintaining compliance with Maltese commercial and labor regulations. The agreement covers crucial aspects such as service scope, compensation, intellectual property rights, and confidentiality obligations. It's particularly valuable for businesses and individuals providing or seeking professional advisory services, protecting both parties' interests through clearly defined terms and responsibilities. The Basic Consulting Agreement is designed to be adaptable across various industries while maintaining core legal requirements under Maltese jurisdiction.
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1. Parties: Identification of the contracting parties including full legal names, registration numbers (if applicable), and registered addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Scope of Services: Detailed description of the consulting services to be provided
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
7. Consultant's Obligations: Key responsibilities and commitments of the consultant including quality of service and professional standards
8. Client's Obligations: Client's responsibilities including provision of information and cooperation
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property Rights: Ownership and rights to work products created during the engagement
11. Data Protection: Compliance with GDPR and Maltese data protection laws
12. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on competitive activities, used when consultant will have access to sensitive business information
2. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant in long-term engagements
3. Insurance: Requirements for professional indemnity or other insurance, important for high-risk consultancy work
4. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, needed when flexibility in service delivery is required
5. Dispute Resolution: Specific procedures for handling disputes, useful for high-value or complex engagements
6. Service Levels: Specific performance metrics and standards, relevant for technical or ongoing consulting services
7. Change Control: Procedures for modifying scope or terms, important for long-term or complex projects
1. Schedule 1 - Services Description: Detailed specification of consulting services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: List of main consultants and their qualifications (if specific individuals are key to the engagement)
4. Schedule 4 - Service Levels: Detailed performance metrics and quality standards if applicable
5. Appendix A - Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR
6. Appendix B - Confidentiality Agreement: Detailed confidentiality terms if required beyond main agreement provisions
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