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Business Consultant Agreement

Business Consultant Agreement Template for Nigeria

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Key Requirements PROMPT example:

Business Consultant Agreement

"I need a Business Consultant Agreement for a 6-month IT system implementation project starting March 2025, where the consultant will provide technical expertise and train our staff, with milestone-based payments and strict confidentiality provisions due to sensitive data access."

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Document background
The Business Consultant Agreement is essential for professional service arrangements in Nigeria, providing a legally robust framework for consulting engagements. This document is typically used when organizations require external expertise for business improvement, strategic planning, or specific project implementation. It ensures compliance with Nigerian contract law, labor regulations, and tax requirements while clearly establishing the consultant's independent contractor status. The agreement covers crucial aspects such as service scope, compensation, confidentiality, and intellectual property rights, making it suitable for both short-term projects and ongoing consulting relationships. Whether used by individual consultants or consulting firms, this agreement protects all parties' interests while facilitating professional service delivery within the Nigerian business environment.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting relationship

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

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

5. Term and Termination: Duration of the agreement and conditions for termination by either party

6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing requirements

7. Obligations of the Consultant: Consultant's duties, responsibilities, and performance standards

8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation

9. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not an employee

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

12. Representations and Warranties: Statements of fact and promises made by both parties

13. Limitation of Liability: Limits on parties' liability and exclusions from liability

14. Indemnification: Obligations to protect against losses and claims

15. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when consultant will have access to sensitive competitive information

2. Non-Solicitation: Restrictions on hiring or soliciting employees/clients, used when consultant will have significant contact with client's staff or customers

3. Insurance: Requirements for professional liability or other insurance coverage, used for high-risk or regulated industries

4. Data Protection: Specific provisions for handling personal data, required when consultant will process personal information

5. Force Majeure: Provisions for unforeseeable circumstances, important in long-term or critical service arrangements

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

7. Dispute Resolution: Specific procedures for resolving disputes, recommended for high-value or complex engagements

8. Compliance with Laws: Specific regulatory compliance obligations, needed in regulated industries or government contracts

Suggested Schedules

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

2. Schedule B - Fee Schedule: Detailed fee structure, including rates, expenses, and special charging arrangements

3. Schedule C - Key Personnel: List of main consultants and their qualifications, if specific individuals are critical to the engagement

4. Schedule D - Service Levels: Performance metrics and standards, if applicable

5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements

6. Appendix 2 - Compliance Policies: Client's relevant policies that consultant must comply with

7. Appendix 3 - Required Reports: Templates or formats for required reporting

8. Appendix 4 - Insurance Requirements: Detailed insurance coverage requirements and proof of insurance

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Deliverables
Consultant
Client
Commencement Date
Term
Fees
Confidential Information
Intellectual Property Rights
Pre-existing Materials
Work Product
Project
Representatives
Business Day
Force Majeure Event
Applicable Law
Service Location
Key Personnel
Professional Standards
Completion Date
Change Request
Client Materials
Dispute
Expenses
Good Industry Practice
Material Breach
Payment Terms
Records
Reports
Scope of Work
Specifications
Subcontractor
Term Sheet
Termination Date
Third Party
Working Hours
Affiliate
Approved Personnel
Milestone
Contract Year
Effective Date
Service Level Requirements
Clauses
Interpretation
Appointment
Scope of Services
Term
Fees and Payment
Consultant Obligations
Client Obligations
Independent Contractor Status
Confidentiality
Intellectual Property
Data Protection
Warranties and Representations
Liability
Indemnification
Insurance
Force Majeure
Termination
Non-Compete
Non-Solicitation
Assignment
Subcontracting
Notice
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Severability
Waiver
Compliance with Laws
Anti-Corruption
Tax Compliance
Record Keeping
Audit Rights
Service Levels
Performance Standards
Change Control
Business Continuity
Regulatory Compliance
Relevant Industries

Financial Services

Technology

Manufacturing

Oil and Gas

Healthcare

Education

Telecommunications

Agriculture

Real Estate

Professional Services

Retail

Construction

Mining

Transportation

Energy

Media and Entertainment

Public Sector

Non-Profit

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Project Management

Business Development

Strategy

Administration

Contracts Management

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Procurement Manager

Human Resources Director

Operations Manager

Project Manager

Finance Director

Business Development Manager

Department Head

Compliance Officer

Contract Administrator

Risk Manager

Strategy Director

Business Consultant

Management Consultant

Technical Consultant

Independent Contractor

Industries
Nigerian Contract Law (Contract Act): Fundamental law governing formation and enforcement of contracts, essential for establishing the basic validity and terms of the consulting agreement
Labour Act Cap L1 LFN 2004: Although consultants are typically not employees, this act is relevant to establish clear independent contractor status and avoid misclassification issues
Companies and Allied Matters Act (CAMA) 2020: Governs business operations and corporate relationships in Nigeria, relevant for defining the business relationship between parties
Nigeria Data Protection Regulation (NDPR) 2019: Regulates the collection and processing of personal data, important for handling client information and confidentiality clauses
Industrial Training Fund Act: May be relevant if the consultant provides training services or if the agreement includes knowledge transfer provisions
Personal Income Tax Act: Governs taxation of individual income, relevant for tax obligations and withholding requirements for consulting services
Value Added Tax Act: Applies to consulting services provided within Nigeria, important for fee structures and invoicing requirements
Freedom of Information Act 2011: May be relevant for transparency obligations and information handling, especially when dealing with public sector clients
Corrupt Practices and Other Related Offences Act: Important for anti-corruption provisions and ethical business conduct requirements in the agreement
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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