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Advisory Services Agreement

Advisory Services Agreement Template for Denmark

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Advisory Services Agreement

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Document background
The Advisory Services Agreement is a crucial legal document used when establishing a professional relationship between an advisor or consulting firm and their clients under Danish law. This agreement is essential for any situation where professional advice, consulting services, or expert guidance is being provided on a formal basis. It covers key aspects such as service scope, deliverables, payment terms, and professional obligations while ensuring compliance with Danish legal requirements, including GDPR and business regulations. The document is particularly important in professional services contexts where clear delineation of responsibilities, expectations, and limitations is necessary to protect both parties' interests. The agreement includes specific provisions required under Danish law and business practice, making it suitable for use in both domestic and international advisory relationships where Danish law governs.
Suggested Sections

1. Parties: Identification of the advisor and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and general purpose of the advisory relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the advisory services to be provided

5. Advisor's Obligations: Key responsibilities and duties of the advisor, including service standards and delivery timeframes

6. Client's Obligations: Client's responsibilities, including providing necessary information and cooperation

7. Fees and Payment: Fee structure, payment terms, expenses, and invoicing procedures

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Data Protection: GDPR compliance and data processing obligations

10. Intellectual Property: Ownership and usage rights of materials and deliverables

11. Liability and Indemnification: Limitations of liability, professional indemnity, and insurance requirements

12. Term and Termination: Duration of agreement and termination provisions

13. Governing Law and Jurisdiction: Danish law application and dispute resolution procedures

14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on advisor's ability to work with competing clients - used when services involve sensitive competitive information

2. Service Levels: Specific performance metrics and standards - used for ongoing advisory services with measurable deliverables

3. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID or for long-term agreements

4. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors - relevant for larger advisory firms

5. Compliance with Laws: Specific regulatory compliance obligations - necessary for regulated industries or specific advisory services

6. Insurance: Detailed insurance requirements - important for high-risk or regulated advisory services

7. Anti-Corruption: Anti-bribery and corruption provisions - particularly relevant for international services or public sector clients

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of advisory services, methodologies, and deliverables

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

3. Schedule 3 - Key Personnel: List of key advisor personnel assigned to provide the services

4. Schedule 4 - Service Levels: Detailed performance metrics and measurement criteria

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Appendix A - Report Templates: Standard formats for reports and deliverables

7. Appendix B - Client Policies: Relevant client policies the advisor must comply with

Authors

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Relevant legal definitions
Agreement
Services
Deliverables
Advisor
Client
Confidential Information
Intellectual Property Rights
Fee
Service Level Requirements
Business Day
Effective Date
Force Majeure Event
Good Industry Practice
Key Personnel
Client Materials
Personal Data
Data Protection Legislation
Service Standards
Project
Term
Working Hours
Affiliate
Change Request
Applicable Law
Client Group
Completion Date
Expenses
Implementation Period
Milestones
Professional Standards
Records
Representatives
Schedule
Service Location
Specifications
Third Party Materials
Work Product
Clauses
Interpretation
Appointment
Scope of Services
Service Standards
Advisor Obligations
Client Obligations
Fees and Payment
Expenses
Invoicing
Taxes
Key Personnel
Service Delivery
Change Control
Intellectual Property
Confidentiality
Data Protection
GDPR Compliance
Non-Competition
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Term and Duration
Termination
Consequences of Termination
Assignment and Subcontracting
Notices
Amendments
Waiver
Severability
Entire Agreement
Third Party Rights
Anti-Corruption
Compliance with Laws
Dispute Resolution
Governing Law
Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Establishes basic principles for offer, acceptance, and contractual obligations.
Danish Business Act (Erhvervsloven): Regulates business operations and commercial activities in Denmark, including requirements for business registration and conduct.
Danish GDPR Implementation Act (Databeskyttelsesloven): Danish implementation of GDPR, governing how personal data must be handled in business relationships and service provisions.
Danish VAT Act (Momsloven): Regulates VAT obligations for service providers, including requirements for invoicing and VAT registration.
Danish Marketing Practices Act (Markedsføringsloven): Governs marketing and business practices, including requirements for fair and transparent business conduct.
Danish Money Laundering Act (Hvidvaskloven): Relevant for certain types of advisory services, establishing requirements for client verification and reporting.
Danish Act on Services in the Internal Market (Lov om tjenesteydelser i det indre marked): Regulates the provision of services, including requirements for information disclosure to clients.
Danish Bookkeeping Act (Bogføringsloven): Sets requirements for financial record-keeping and documentation of business transactions.
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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