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Generic Consulting Agreement
"I need a Generic Consulting Agreement for my IT consulting firm based in Auckland, providing cybersecurity services to financial institutions, with particular emphasis on data protection and confidentiality provisions."
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the consultant's expertise and client's requirements
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Services: Details the consulting services to be provided, including deliverables and any exclusions
5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment: Outlines the fee structure, payment terms, expenses, and GST requirements
7. Obligations of the Consultant: Sets out the consultant's duties, standards of service, and compliance requirements
8. Obligations of the Client: Describes the client's responsibilities, including provision of information and access
9. Intellectual Property: Addresses ownership and usage rights of pre-existing and created intellectual property
10. Confidentiality: Details confidentiality obligations and handling of sensitive information
11. Liability and Indemnity: Specifies liability limitations and indemnification provisions
12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Insurance: Required when specific insurance coverage needs to be maintained by the consultant
2. Data Protection: Needed when the services involve handling personal data or compliance with Privacy Act 2020
3. Non-Competition: Include when restricting the consultant from working with competitors is necessary
4. Non-Solicitation: Used when preventing the consultant from soliciting client's employees or customers is required
5. Health and Safety: Include when services are performed on-site or involve physical presence
6. Change Control: Needed for longer-term engagements where scope changes are likely
7. Force Majeure: Include when protection against unforeseen events is important
8. Dispute Resolution: Required when specific dispute resolution procedures are preferred over standard court proceedings
1. Schedule 1 - Services Description: Detailed description of consulting services, deliverables, and performance criteria
2. Schedule 2 - Fees and Payment Terms: Comprehensive breakdown of fees, rates, payment schedule, and expense policies
3. Schedule 3 - Key Personnel: Lists key personnel involved in providing the services and their roles
4. Schedule 4 - Service Levels: Specifies any applicable service levels, KPIs, or performance standards
5. Schedule 5 - Client Policies: References or includes relevant client policies the consultant must comply with
6. Appendix A - Form of Change Order: Template for documenting and approving changes to the scope of services
7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms if required beyond main agreement provisions
Authors
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Consultant
Consulting Services
Deliverables
Fees
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Personal Information
Pre-existing IP
Project
Representatives
Schedule
Scope of Services
Service Levels
Term
Third Party Materials
Variation
Work Product
Term
Payment
Intellectual Property
Confidentiality
Data Protection
Performance Standards
Warranties
Client Obligations
Consultant Obligations
Key Personnel
Subcontracting
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Obligations
Health and Safety
Dispute Resolution
Assignment
Variation
Notices
Relationship of Parties
Entire Agreement
Severability
Governing Law
GST and Taxation
Conflict of Interest
Non-Solicitation
Record Keeping
Audit Rights
Change Control
Compliance with Laws
Boilerplate
Information Technology
Management Consulting
Financial Services
Healthcare
Education
Engineering
Environmental Services
Human Resources
Marketing and Communications
Legal Services
Business Strategy
Operations Management
Project Management
Digital Transformation
Sustainability
Legal
Procurement
Human Resources
Finance
Operations
Risk and Compliance
Commercial
Project Management Office
Business Development
Administration
Contracts Management
Chief Executive Officer
Legal Counsel
Procurement Manager
Human Resources Director
Project Manager
Operations Manager
Finance Director
Business Development Manager
Department Head
Contracts Administrator
Risk Manager
Compliance Officer
Managing Director
Commercial Manager
Chief Financial Officer
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