Consultancy Agreement With Company Template for Australia

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Key Requirements PROMPT example:

Consultancy Agreement With Company

"I need a Consultancy Agreement With Company for engaging a cybersecurity consulting firm to perform quarterly security audits and provide ongoing advisory services starting March 2025, with strict confidentiality provisions and clear IP ownership terms."

Document background
The Consultancy Agreement With Company is essential for businesses operating in Australia that engage external expertise for specific projects or ongoing professional services. This document is designed to comply with Australian federal and state legislation, including the Independent Contractors Act 2006, Fair Work Act 2009, and relevant tax laws. It provides a comprehensive framework for engaging consultants while clearly establishing their independent contractor status. The agreement covers crucial elements such as service scope, deliverables, payment terms, intellectual property rights, confidentiality, and liability allocation. It's particularly valuable for companies seeking to formalize professional service arrangements while managing legal and commercial risks effectively.
Suggested Sections

1. Parties: Identifies the contracting parties - the company and the consultant

2. Background: Contextual information explaining the purpose of the agreement and relationship between the parties

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

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

5. Services: Defines the scope of services to be provided by the consultant

6. Consultant's Obligations: Key responsibilities and standards expected from the consultant

7. Company's Obligations: Company's responsibilities to enable the consultant to provide services

8. Fees and Payment: Payment terms, rates, expenses, and invoicing requirements

9. Relationship of Parties: Confirms independent contractor status and not employment

10. Intellectual Property: Ownership and rights regarding IP created during the engagement

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnity: Risk allocation between parties and liability limitations

13. Insurance: Required insurance coverage to be maintained

14. Termination: Circumstances and process for ending the agreement

15. Post-Termination Obligations: Continuing obligations after agreement ends

16. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Access and Security: Required when consultant needs access to company premises or IT systems

2. Data Protection: Required when consultant will handle personal data

3. Non-Competition: Used when there's a need to restrict consultant's work with competitors

4. Staff Management: Required when consultant will manage or interact with company employees

5. Performance Metrics: Used when specific KPIs or performance standards need to be met

6. Change Control: Required for longer-term engagements where scope may change

7. Equipment and Resources: Used when company provides specific tools or resources

8. Compliance with Policies: Required when consultant must follow specific company policies

9. Sub-contracting: Used when consultant may need to engage sub-contractors

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services, deliverables, and timelines

2. Schedule 2 - Fees and Payment Terms: Detailed fee structure, rates, and payment mechanisms

3. Schedule 3 - Key Personnel: Details of key individuals providing the services

4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable

5. Schedule 5 - Company Policies: Relevant company policies consultant must comply with

6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and minimum coverage

7. Appendix A - Form of Invoice: Template for consultant's invoices

8. Appendix B - Change Request Form: Template for requesting changes to services scope

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

Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Information Technology

Management Consulting

Financial Services

Healthcare

Engineering

Education and Training

Mining and Resources

Construction

Manufacturing

Telecommunications

Environmental Services

Business Advisory

Research and Development

Creative Industries

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Risk and Compliance

Commercial

Executive Leadership

Project Management Office

Business Development

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Human Resources Director

Project Manager

Operations Manager

Business Development Manager

Risk Manager

Department Head

Commercial Manager

Contract Administrator

Finance Manager

Managing Director

Company Secretary

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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