Mou Consultancy Agreement Template for Australia

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Key Requirements PROMPT example:

Mou Consultancy Agreement

"I need an MOU Consultancy Agreement for a 6-month IT infrastructure project starting March 2025, where our Australian tech company will provide consulting services to a government department in New South Wales, with specific focus on data protection and security requirements."

Document background
The MOU Consultancy Agreement is designed for use in the Australian business environment where parties wish to establish a preliminary framework for consulting services before entering into a more detailed formal agreement. This document is particularly useful in situations where parties need to quickly document their intentions and basic commercial terms while maintaining flexibility. It includes essential elements required under Australian law such as scope of services, commercial terms, confidentiality provisions, and intellectual property rights, while acknowledging the independent contractor relationship. The MOU structure allows parties to test their working relationship and refine their requirements before committing to a more comprehensive agreement, making it ideal for new consulting relationships or project-specific consulting arrangements.
Suggested Sections

1. Parties: Identification of all parties to the MOU, including full legal names and contact details

2. Background: Context of the arrangement, relationship between parties, and purpose of the MOU

3. Definitions: Key terms used throughout the document defined for clarity

4. Scope of Services: Overview of consulting services to be provided

5. Term and Termination: Duration of the MOU and circumstances for termination

6. Commercial Terms: High-level agreement on fees, expenses, and payment terms

7. Confidentiality: Protection of confidential information shared between parties

8. Intellectual Property: Ownership and rights regarding IP created during the consultancy

9. Relationship of Parties: Clarification of independent contractor status and non-employment relationship

10. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when consultant may have access to sensitive market information

2. Insurance: Insurance requirements, included when services involve significant risks or regulatory requirements

3. Data Protection: Specific data handling requirements, needed when personal or sensitive data processing is involved

4. Dispute Resolution: Detailed dispute resolution procedures, useful for high-value or complex arrangements

5. Force Majeure: Provisions for unforeseen circumstances, relevant for long-term or critical services

6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, included when flexibility in service delivery is needed

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of consulting services, deliverables, and performance criteria

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment terms, and expense policies

3. Schedule 3 - Key Personnel: List of key consultants and their qualifications/roles

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

5. Appendix A - Compliance Requirements: Any specific regulatory or industry compliance requirements

6. Appendix B - Form of Progress Report: Template for regular reporting on consulting activities

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 Industries

Professional Services

Information Technology

Management Consulting

Financial Services

Healthcare

Education

Government

Mining

Construction

Environmental Services

Research and Development

Non-Profit

Manufacturing

Telecommunications

Relevant Teams

Legal

Procurement

Operations

Human Resources

Finance

Business Development

Project Management

Commercial

Risk Management

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Procurement Manager

Legal Counsel

Business Development Manager

Project Manager

Operations Director

Human Resources Director

Chief Financial Officer

Department Head

Consulting Partner

Independent Consultant

Contract Manager

Commercial Manager

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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