Business Consultant Agreement Template for Australia

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Key Requirements PROMPT example:

Business Consultant Agreement

"I need a Business Consultant Agreement for an IT security consultant who will be working with our financial services company for a 12-month project starting March 2025, with strict data protection and regulatory compliance requirements."

Document background
The Business Consultant Agreement is essential for formalizing professional consulting arrangements in Australia. It is designed for situations where a business or organization engages an external consultant or consulting firm to provide specialized services, expertise, or advisory support. The agreement covers crucial aspects such as service scope, deliverables, payment terms, intellectual property rights, and confidentiality obligations, while ensuring compliance with Australian legislation including the Independent Contractors Act 2006 and relevant state laws. This document is particularly important for protecting both parties' interests, clarifying expectations, and establishing clear professional boundaries in consulting relationships. It includes provisions for both short-term project-based engagements and longer-term consulting arrangements, adaptable to various business contexts and industry requirements.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the Consultant and the Client

2. Background: Outlines the context of the agreement, including the Client's need for consulting services and the Consultant's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment and Term: Establishes the formal appointment of the consultant and the duration of the agreement

5. Services: Describes the consulting services to be provided, including scope and deliverables

6. Consultant's Obligations: Details the consultant's duties, responsibilities, and standard of service

7. Client's Obligations: Specifies the client's responsibilities, including provision of information and resources

8. Fees and Payment: Sets out the consulting fees, payment terms, expenses, and invoicing procedures

9. Intellectual Property: Addresses ownership and usage rights of pre-existing and created intellectual property

10. Confidentiality: Establishes obligations regarding confidential information and trade secrets

11. Independent Contractor Status: Confirms the consultant's status as an independent contractor, not an employee

12. Liability and Indemnity: Outlines the liability limitations and indemnification obligations of both parties

13. Termination: Specifies circumstances and procedures for ending the agreement

14. General Provisions: Contains standard legal clauses including governing law, notices, and dispute resolution

Optional Sections

1. Non-Compete: Restricts the consultant from competing with the client's business - used when the consultant will have access to sensitive competitive information

2. Insurance: Specifies required insurance coverage - used when the consulting services involve significant risks or regulatory requirements

3. Performance Metrics: Establishes KPIs and performance measurement criteria - used for long-term or results-based consulting arrangements

4. Subcontracting: Addresses the consultant's ability to subcontract work - used when the consultant may need to engage other professionals

5. Data Protection: Details specific data handling requirements - used when the services involve processing sensitive or personal data

6. Change Management: Establishes procedures for changing scope or services - used for complex or long-term consulting projects

7. Force Majeure: Addresses unforeseeable circumstances preventing performance - used when continuity of service is critical

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of the consulting services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of fees, rates, and payment milestones

3. Schedule 3 - Service Levels: Specific performance standards and service level requirements

4. Schedule 4 - Key Personnel: Details of key consultant team members and their roles

5. Appendix A - Reporting Requirements: Templates and specifications for required reports and documentation

6. Appendix B - Client Policies: Relevant client policies and procedures the consultant must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Professional Services

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Retail

Education

Mining

Construction

Energy

Telecommunications

Agriculture

Environmental Services

Transportation

Real Estate

Relevant Teams

Legal

Procurement

Human Resources

Operations

Finance

Compliance

Risk Management

Commercial

Business Development

Project Management

Strategy

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Legal Counsel

Contract Manager

Human Resources Director

Operations Manager

Project Manager

Business Development Manager

Risk Manager

Compliance Officer

Department Head

Managing Director

Commercial Manager

Business Analyst

Management Consultant

Strategy Director

External Consultant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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