Consulting Fee Agreement Template for India

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Key Requirements PROMPT example:

Consulting Fee Agreement

"I need a Consulting Fee Agreement for my IT services company based in Mumbai to engage a cybersecurity consulting firm for a 6-month project starting March 2025, with monthly payments and strict confidentiality provisions."

Document background
The Consulting Fee Agreement is a crucial legal document used in India when engaging professional consultants or consulting firms for various business needs. This agreement is essential for protecting both parties' interests while ensuring compliance with Indian legal requirements, including the Indian Contract Act, 1872, and applicable tax laws. The document typically covers comprehensive details about the consulting arrangement, including scope of services, fee structure, payment terms, TDS requirements, GST implications, confidentiality obligations, and intellectual property rights. It's particularly important in the Indian context due to specific regulatory requirements around professional services, tax deductions, and GST compliance. The agreement should be customized based on the nature of consulting services, whether it's for IT, management, financial, or other professional services, while maintaining compliance with Indian legal and regulatory frameworks.
Suggested Sections

1. Parties: Identification of the consultant and the client, including their legal names, addresses, and registration details

2. Background: Context of the consulting arrangement and brief introduction to why the parties are entering into this agreement

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Term and Timeline: Duration of the agreement and key milestone dates

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and taxation requirements including TDS and GST

7. Obligations of the Consultant: Duties, responsibilities, and standards of service expected from the consultant

8. Obligations of the Client: Client's responsibilities, including providing necessary information and access

9. Confidentiality: Provisions regarding confidential information and its protection

10. Intellectual Property Rights: Ownership and rights related to deliverables and pre-existing IP

11. Termination: Conditions and process for terminating the agreement

12. Indemnification: Mutual indemnification provisions and liability limitations

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. Notices: Process and addresses for formal communications between parties

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when sensitive industry knowledge is involved

2. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID

3. Insurance: Requirements for professional liability insurance, relevant for high-risk consulting services

4. Assignment: Rights to transfer the agreement, important for larger consulting firms

5. Dispute Resolution: Alternative dispute resolution mechanisms like arbitration, useful for complex arrangements

6. Subcontracting: Terms for engaging subcontractors, relevant when consultant may need to delegate work

7. Performance Metrics: Specific KPIs and performance standards, useful for long-term or complex projects

8. Data Protection: Specific provisions for handling personal data, essential when dealing with sensitive information

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of services, deliverables, and specifications

2. Schedule B - Fee Structure: Detailed fee calculations, rates, and payment milestones

3. Schedule C - Timeline and Deliverables: Project timeline, milestones, and specific deliverable requirements

4. Schedule D - Key Personnel: List of key consultant personnel assigned to the project

5. Schedule E - Client Materials: List of materials, information, and resources to be provided by the client

6. Appendix 1 - Service Level Agreement: Specific performance standards and metrics if applicable

7. Appendix 2 - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Education

Real Estate

Telecommunications

Energy and Utilities

Professional Services

Retail

Infrastructure

Environmental Services

Digital Marketing

Human Resources

Relevant Teams

Legal

Finance

Procurement

Human Resources

Operations

Project Management

Business Development

Compliance

Risk Management

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Human Resources Director

Operations Manager

Business Development Manager

Finance Manager

Contract Administrator

Compliance Officer

Department Head

Managing Director

Company Secretary

Risk 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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