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Business Development Consulting Agreement
"I need a Business Development Consulting Agreement for my tech startup engaging a consultant to help expand into the African market, with specific focus on data protection compliance and the ability to subcontract certain services."
1. Parties: Identification and details of the Consultant and the Client
2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting relationship
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Appointment and Scope of Services: Formal appointment of the consultant and detailed description of services to be provided
5. Duration and Termination: Term of the agreement, renewal provisions, and circumstances for termination
6. Consultant's Obligations: Key responsibilities, service standards, and deliverables of the consultant
7. Client's Obligations: Client's responsibilities including providing information, access, and cooperation
8. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and rights to intellectual property created during the engagement
11. Data Protection: POPIA compliance and data handling requirements
12. Limitation of Liability: Extent and limitations of consultant's liability
13. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when sensitive industry knowledge is involved
2. Performance Metrics: Specific KPIs and performance measurement criteria, used for outcome-based consulting arrangements
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
4. Insurance: Insurance requirements for the consultant, used in high-risk or regulated industries
5. B-BBEE Compliance: Black Economic Empowerment commitments, used when required by client's regulatory environment
6. Subcontracting: Terms for engaging subcontractors, used when consultant may need to delegate work
7. Change Control: Process for managing changes to scope or deliverables, used in complex consulting projects
1. Schedule A - Scope of Services: Detailed breakdown of consulting services, deliverables, and timelines
2. Schedule B - Fee Structure: Detailed fee calculations, rates, and payment milestones
3. Schedule C - Key Personnel: Details of main consultants and their qualifications
4. Schedule D - Service Levels: Specific service standards, response times, and quality metrics
5. Schedule E - Compliance Requirements: Specific regulatory or industry compliance requirements
6. Appendix 1 - Project Timeline: Detailed project phases and delivery dates
7. Appendix 2 - Reporting Templates: Standard formats for progress reports and deliverables
Authors
Affiliate
Applicable Laws
Business Day
Business Development Services
Client
Client Materials
Commencement Date
Confidential Information
Consultant
Consulting Fees
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Material Breach
Milestones
Personal Information
Project
Project Plan
Services
Service Levels
Scope of Work
Term
Territory
VAT
Work Product
Writing
B-BBEE
Change Request
Expenses
Notice
Operator
Performance Metrics
Professional Standards
Records
Responsible Party
Schedule
Signature Date
Termination Date
Third Party
Scope of Services
Duration
Termination
Consultant Obligations
Client Obligations
Fees and Payment
Expenses
Invoicing
Performance Standards
Deliverables
Reporting
Key Personnel
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Insurance
Compliance with Laws
Anti-Corruption
B-BBEE
Assignment
Subcontracting
Change Control
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Waiver
Amendment
Independence
Tax
Record Keeping
Audit Rights
Service Levels
Business Continuity
Exit Management
Technology
Financial Services
Manufacturing
Retail
Mining
Telecommunications
Professional Services
Healthcare
Energy
Agriculture
Real Estate
Education
Tourism and Hospitality
Legal
Procurement
Finance
Business Development
Operations
Strategy
Compliance
Risk Management
Commercial
Project Management
Business Development Manager
Chief Executive Officer
Managing Director
Commercial Director
Strategy Manager
Operations Manager
Legal Counsel
Procurement Manager
Contract Manager
Chief Financial Officer
Project Manager
Business Analyst
Compliance Officer
Risk Manager
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