Business Development Consulting Agreement Template for Nigeria

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Key Requirements PROMPT example:

Business Development Consulting Agreement

"I need a Business Development Consulting Agreement for our Nigerian tech startup to engage a consultant who will help us expand into West African markets, with special focus on protecting our intellectual property and including clear performance metrics for market entry targets."

Document background
The Business Development Consulting Agreement is essential for companies operating in Nigeria who engage external expertise to drive business growth, market expansion, or operational improvements. This document is particularly crucial in the Nigerian business environment, where clear contractual terms are necessary to ensure compliance with local regulations while protecting both parties' interests. The agreement covers comprehensive aspects including service scope, deliverables, payment terms, confidentiality, intellectual property rights, and compliance with Nigerian laws such as CAMA 2020 and labor regulations. It's designed to establish a clear independent contractor relationship, avoiding potential employment misclassification while ensuring effective business development services delivery.
Suggested Sections

1. Parties: Identifies the contracting parties - the consultant and the client company, including their full legal names, registration numbers, and registered addresses

2. Background: Sets out the context of the agreement, including the client's business needs and the consultant's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Detailed description of the business development 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: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Key responsibilities, performance standards, and delivery requirements

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

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage rights of materials created during the engagement

11. Independent Contractor Status: Clarification that the relationship is not an employment relationship

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

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Non-Competition: Restricts consultant from working with competitors, used when sensitive competitive information is involved

2. Force Majeure: Addresses unforeseeable circumstances preventing performance, particularly relevant in volatile markets

3. Anti-Corruption Compliance: Detailed anti-corruption provisions, essential when dealing with government entities or high-risk sectors

4. Data Protection: Specific data handling requirements, necessary when personal data processing is involved

5. International Operations: Additional provisions for cross-border services or international clients

6. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration clauses

7. Insurance Requirements: Specific insurance coverage requirements for high-value or high-risk consulting services

8. Key Personnel: Identifies specific individuals responsible for service delivery, used in larger consulting arrangements

Suggested Schedules

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

2. Schedule B - Fee Schedule: Detailed fee structure, including hourly rates, project fees, and expense categories

3. Schedule C - Key Performance Indicators: Specific metrics for measuring consulting performance and success

4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors or associates, if applicable

5. Appendix 1 - Reporting Templates: Standard formats for progress reports and deliverables

6. Appendix 2 - Compliance Procedures: Specific procedures for ensuring regulatory compliance

7. Appendix 3 - Contact Details: Key contact information for both parties including escalation procedures

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 legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Oil and Gas

Telecommunications

Agriculture

Real Estate

Healthcare

Education

Professional Services

Retail

Construction

Mining

Transportation

Energy

Entertainment

Relevant Teams

Legal

Procurement

Business Development

Operations

Finance

Strategy

Commercial

Risk & Compliance

Project Management

Corporate Development

Mergers & Acquisitions

International Business

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Chief Operating Officer

Legal Counsel

Procurement Manager

Contract Manager

Project Manager

Strategy Director

Chief Financial Officer

Head of Operations

Commercial Director

Business Analyst

Risk Manager

Compliance Officer

Regional Manager

Industries
Nigerian Contract Act: Governs the formation and enforcement of contracts, including essential elements like offer, acceptance, consideration, and capacity to contract
Companies and Allied Matters Act (CAMA) 2020: Provides the regulatory framework for companies operating in Nigeria, including registration requirements and business operations
Nigerian Labour Act: Important for establishing clear independent contractor status and avoiding misclassification of the consultant as an employee
Copyright Act (Cap C28, Laws of Federation of Nigeria, 2004): Protects intellectual property rights and governs the ownership and transfer of intellectual property created during the consulting engagement
Nigeria Data Protection Regulation (NDPR) 2019: Regulates the collection, processing, and storage of personal data in Nigeria
Taxes and Levies (Approved List for Collection) Act: Governs taxation of consulting services and requirements for VAT collection
Corrupt Practices and Other Related Offences Act 2000: Ensures compliance with anti-corruption regulations in business dealings
Federal Competition and Consumer Protection Act 2018: Governs competition law and consumer protection, relevant for consulting service terms and conditions
Freedom of Information Act 2011: Relevant for confidentiality provisions and information handling in the consulting agreement
Nigerian Investment Promotion Commission Act: Important if the consulting agreement involves foreign entities or international business development
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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