The Advisory Services Agreement is essential for formalizing professional advisory relationships in Pakistan's business environment. It is commonly used when a company or individual requires specialized expertise, consulting services, or professional guidance in specific areas. The agreement, governed by Pakistani law, particularly the Contract Act 1872, outlines the advisor's scope of services, deliverables, fee structure, and performance standards. It incorporates necessary provisions for confidentiality, intellectual property protection, and regulatory compliance, while addressing specific requirements of Pakistani tax laws and provincial service tax regulations. This document is crucial for protecting both parties' interests and ensuring clear understanding of responsibilities, deliverables, and compensation terms in advisory relationships.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of 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 under which it can be terminated
6. Fees and Payment Terms: Compensation structure, payment schedule, and related terms
7. Obligations of the Advisor: Key responsibilities and commitments of the service provider
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and usage rights of any IP created during the advisory services
11. Representations and Warranties: Statements of fact and promises made by both parties
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. Governing Law and Jurisdiction: Choice of Pakistani law and jurisdiction for dispute resolution
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Force Majeure: Provisions for unforeseen circumstances preventing performance, recommended for long-term advisory arrangements
2. Non-Competition: Restrictions on advisor's ability to work with competitors, useful for sensitive industry sectors
3. Non-Solicitation: Restrictions on hiring each other's employees, relevant for larger organizations
4. Insurance: Requirements for professional liability insurance, important for high-value advisory services
5. Compliance with Laws: Specific regulatory compliance obligations, necessary for regulated industries
6. Data Protection: Specific data handling and protection requirements, essential if personal data is involved
7. Anti-Corruption: Compliance with anti-corruption laws, important for government-related work
8. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, relevant for larger service providers
1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Key Personnel: List of key team members and their roles
4. Schedule 4 - Service Levels: Performance metrics and service level requirements
5. Schedule 5 - Compliance Requirements: Specific regulatory or industry compliance requirements
6. Appendix A - Required Reports: Format and content requirements for regular reporting
7. Appendix B - Communication Protocol: Procedures for routine communications and escalations
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