Consulting Commission Agreement Template for England and Wales

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Key Requirements PROMPT example:

Consulting Commission Agreement

"I need a Consulting Commission Agreement for hiring a technology strategy consultant who will work with our London office from March 2025, with specific provisions for data security and protection of our client information."

Document background
The Consulting Commission Agreement is designed for use when engaging external consultants for professional services in England and Wales. This document is essential for establishing clear commercial terms, protecting both parties' interests, and ensuring compliance with UK legislation. The agreement typically includes detailed provisions on service scope, payment terms, intellectual property rights, confidentiality, and liability limitations. It's particularly important for maintaining clear distinction between consultancy and employment relationships, addressing IR35 considerations, and protecting sensitive information and intellectual property.
Suggested Sections

1. Parties: Identifies the contracting parties and their details

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the consulting services to be provided

5. Fees and Payment Terms: Specifies compensation, payment arrangements, and expenses

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

7. Confidentiality: Provisions for handling confidential information

8. Intellectual Property: Ownership and rights to work products and pre-existing IP

9. Liability and Indemnification: Limitations of liability and indemnification obligations

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

Optional Sections

1. Non-Compete: Restrictions on competitive activities during and after the engagement

2. Insurance: Insurance requirements and coverage obligations for the consultant

3. Data Protection: Specific data handling requirements and GDPR compliance obligations

4. Force Majeure: Provisions for handling unforeseeable circumstances preventing performance

5. Anti-Bribery and Corruption: Compliance with anti-corruption laws and related warranties

6. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations

Suggested Schedules

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

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

3. Schedule 3 - Service Levels: Performance metrics, standards, and quality requirements

4. Schedule 4 - Key Personnel: List of key individuals involved in service delivery and their roles

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable

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
Relevant Teams
Relevant Roles
Industries

Supply of Goods and Services Act 1982: Primary legislation governing service contracts, setting out implied terms about service quality and reasonable care and skill

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract to which they are not a direct party

Companies Act 2006: Relevant when contracting parties are companies, governing corporate capacity and execution requirements

Partnership Act 1890: Applicable if the consultant is operating as a partnership, defining partnership rights and obligations

Employment Rights Act 1996: Important for establishing clear consultant status and avoiding misclassification as employment relationship

IR35 Legislation: Tax legislation determining employment status for tax purposes, crucial for consultant arrangements

Agency Workers Regulations 2010: Relevant for determining whether consultant might be classified as an agency worker

UK GDPR: Data protection regulation governing how personal data must be handled and processed

Data Protection Act 2018: UK's implementation of data protection requirements, complementing UK GDPR

Copyright, Designs and Patents Act 1988: Governs intellectual property rights and their transfer in consulting arrangements

Trade Marks Act 1994: Relevant for protecting and transferring trademark rights in consulting work

Bribery Act 2010: Anti-corruption legislation affecting business relationships and requiring adequate procedures

Competition Act 1998: Governs anti-competitive practices and affects restrictive covenants in consulting agreements

Enterprise Act 2002: Further competition law considerations affecting business relationships

Financial Services and Markets Act 2000: Relevant if consulting services involve regulated financial activities

Value Added Tax Act 1994: Governs VAT obligations in consulting relationships

Limitation Act 1980: Sets statutory time limits for bringing legal claims under the contract

Arbitration Act 1996: Governs arbitration procedures if included as dispute resolution mechanism

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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