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Business Development Consulting Agreement
"I need a Business Development Consulting Agreement for engaging a consultant to help expand our New Zealand technology company into Asian markets, starting March 2025, with specific provisions for success fees based on market entry achievements and protection of our intellectual property."
1. Parties: Identifies and provides full details of the consulting firm/consultant and the client company
2. Background: Sets out the context of the agreement, including the client's business needs and consultant's expertise
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Appointment and Scope of Services: Establishes the consulting relationship and outlines the agreed business development services
5. Term: Specifies the duration of the agreement, including start date and any renewal provisions
6. Consultant's Obligations: Details the consultant's responsibilities, performance standards, and delivery requirements
7. Client's Obligations: Outlines the client's responsibilities, including provision of information and resources
8. Fees and Payment: Specifies consulting fees, payment terms, expenses, and invoicing procedures
9. Intellectual Property: Addresses ownership and usage rights of existing and created intellectual property
10. Confidentiality: Defines confidential information and establishes protection obligations
11. Privacy and Data Protection: Ensures compliance with Privacy Act 2020 and establishes data handling procedures
12. Liability and Indemnity: Sets out liability limitations and indemnification obligations
13. Termination: Specifies termination rights, notice periods, and consequences of termination
14. General Provisions: Includes standard boilerplate clauses like notices, amendments, and governing law
1. Performance Metrics: Include when specific KPIs or performance targets are required for the business development services
2. Success Fees: Add when the compensation structure includes performance-based bonuses or commission
3. Non-Competition: Include when the consultant should be restricted from working with competitors
4. Client References: Add when the consultant needs permission to use the client as a reference
5. Sub-contractors: Include when the consultant may need to engage sub-contractors
6. International Services: Add when business development services extend to international markets
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
8. Insurance: Add when specific insurance requirements need to be detailed
1. Schedule 1: Services Description: Detailed description of business development services, deliverables, and timelines
2. Schedule 2: Fee Structure: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3: Key Personnel: Details of key consultant personnel assigned to provide the services
4. Schedule 4: Service Levels: Specific performance standards and service level requirements
5. Schedule 5: Approved Sub-contractors: List of pre-approved sub-contractors if applicable
6. Appendix A: Reporting Templates: Standard templates for progress reports and performance tracking
7. Appendix B: Client Policies: Relevant client policies the consultant must comply with
Authors
Business Day
Business Development Services
Client
Client Materials
Commencement Date
Confidential Information
Consultant
Deliverables
Fee
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Milestones
Performance Metrics
Personal Information
Pre-existing IP
Project
Reports
Services
Service Levels
Success Criteria
Target Market
Term
Territory
Third Party Materials
Work Product
Business Development Strategy
Client Data
Expenses
Implementation Plan
Market Analysis
Performance Period
Professional Standards
Project Brief
Revenue Targets
Strategic Objectives
Sub-contractor
Success Fee
Appointment
Term
Services
Performance Obligations
Client Obligations
Fees and Payment
Expenses
GST
Invoicing
Confidentiality
Privacy
Intellectual Property
Data Protection
Performance Metrics
Reporting
Key Personnel
Non-Competition
Non-Solicitation
Conflicts of Interest
Sub-contracting
Insurance
Liability
Indemnification
Termination
Force Majeure
Dispute Resolution
Assignment
Variation
Notices
Governing Law
Entire Agreement
Severability
Relationship of Parties
Survival
Warranties
Time of the Essence
Business Development Targets
Success Fees
Market Access
Strategic Planning
Professional Services
Technology
Manufacturing
Retail
Healthcare
Financial Services
Education
Real Estate
Construction
Agriculture
Tourism
Export/Import
Software and IT
Telecommunications
Creative Industries
Energy
Environmental Services
Legal
Commercial
Business Development
Sales
Procurement
Operations
Strategy
Executive Leadership
Finance
Contracts Administration
Risk Management
Business Development Manager
Chief Executive Officer
Managing Director
Commercial Director
Growth Strategy Manager
Sales Director
Business Consultant
Strategic Partnership Manager
Market Development Manager
Chief Commercial Officer
Operations Manager
Contract Manager
Procurement Manager
Legal Counsel
Business Owner
Entrepreneur
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