The Advisory Services Agreement is a crucial document used when engaging professional advisors or consultants in Saudi Arabia. It serves as the primary contractual framework for advisory relationships, whether for management consulting, financial advisory, technical consulting, or other professional services. This agreement must comply with Saudi Arabian law, including both civil law requirements and Sharia principles, and typically includes detailed provisions on service scope, deliverables, payment terms, and regulatory compliance. The document is particularly important in the Saudi context due to the specific regulatory requirements for professional services and the need to align with local business practices. It should be used whenever a formal advisory relationship is established, especially for significant or long-term advisory engagements where clear delineation of responsibilities and expectations is essential.
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1. Parties: Identification of the parties, including full legal names, commercial registration numbers, and authorized representatives
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 for termination
6. Fees and Payment Terms: Financial terms, payment schedule, and currency
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 Rights: Ownership and usage rights of intellectual property
11. Representations and Warranties: Standard warranties and representations by both parties
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Dispute Resolution: Application of Saudi law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Compliance with Anti-Corruption Laws: Required when dealing with government entities or international parties
2. Foreign Investment Provisions: Required when the advisor is a foreign entity
3. Zakat and Tax Provisions: Detailed tax arrangements, required for cross-border services
4. Insurance: Insurance requirements, recommended for high-value or high-risk services
5. Non-Competition: Restrictions on competitive activities, useful for specialized services
6. Data Protection: Required when personal data processing is involved
7. Key Personnel: Useful when specific individuals are critical to service delivery
8. Service Levels: Required when specific performance metrics need to be maintained
9. Change Control: Recommended for long-term or complex advisory arrangements
1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, expenses, and payment terms
3. Schedule 3 - Key Personnel: List of key personnel and their roles
4. Schedule 4 - Service Levels: Performance metrics and service level requirements
5. Schedule 5 - Client Policies: Relevant client policies that advisor must comply with
6. Appendix A - Form of Invoice: Template for invoices compliant with Saudi requirements
7. Appendix B - Compliance Certificates: Required regulatory and compliance certificates
8. Appendix C - Required Reports: Templates and requirements for regular reporting
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Advisory Services Agreement
A Saudi law-governed agreement establishing terms for professional advisory services, aligned with local regulations and Sharia principles.
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