Sample contract for services or consultancy

Consultant's Agreement

 1. Introduction and Definitions:

This Agreement is between ____________________ (organisation's name and address) (herein after called __________ ) and (____________________ ) (herein after called 'the Consultant').

The Agreement will be in accordance with the following Terms and Conditions unless and until an alternative is specifically agreed between the Parties.

2. Purpose of the Agreement:

The purpose of the Agreement is:
Further details of the Agreement are set out in the attached Schedule.

3. Commencement date and duration of the Agreement:

This Agreement will commence on (____________________ ) and is to be carried out in accordance with the following conditions:
It may be terminated by either party giving one month's notice in writing. [Organisation] may terminate the agreement immediately in the event that the Consultant commits any material breach of the terms of this Agreement, where a consultant acts negligently, or in a manner that seriously harms the reputation of [Organisation], or behaves in a way that is inconsistent with the [organisation’s] disciplinary rules.

4. Fees and expenses:

Fees for the Agreement will be as follows:

Where necessary, VAT will be added at the appropriate rate.
Where appropriate, travel, subsistence and other expenses will be paid at cost and in accordance with arrangements specifically agreed, in advance, with the Consultant.

5. Invoices and payment:

Unless specifically agreed otherwise, invoices will be submitted monthly by the Consultant and payment made within 30 days.

6. Taxation:

The Consultant is a self-employed person responsible for taxation and National Insurance or similar liabilities or contributions in respect of the fees and the Consultant will indemnify [organisation] against all liability for the same and any costs, claims or expenses including interest and penalties.

7. Confidentiality

The Consultant will not divulge to third parties matters confidential to ( __________ ) (whether or not covered by this Agreement) without ( __________ ) explicit permission.
Except where specifically agreed otherwise, all material, data, information etcetera. collected during the course of the Agreement will remain in the possession of ( __________ ) and not used without their permission.

8. Publication of material:

Where the Agreement provides for the publication of material, the following specific conditions
shall apply:

(a) __________ will retain the right to edit the final draft prior to publication subject, in the case of joint publications, to amendments proposed being agreed with the author(s).

(b) prior to publication, the Consultant and/or others associated with the publication shall not disclose any material obtained or produced for the purposes of the project to any other party unless __________ have given prior approval in writing.

(c) the Consultant will provide to __________ copies of all material, data etcetera collected specifically for the project and indicate the source of other material used.

(d) __________ will, except where specifically agreed otherwise, hold copyright to the publication.

Other matters relating to the use of the material shall be covered as an Appendix to this Agreement. Where other uses are agreed, all material and publications based on the project shall acknowledge __________ .

9. Restrictions:

The Consultant shall not whilst this Agreement is in force be engaged or concerned directly or indirectly in the provision of services to any other party in the same or similar field of business or activity to __________ without the prior written consent of __________ .

10. Insurance:

The consultant is expected to be properly insured for public liability and, where appropriate, employer liability contingencies.

11. Copyright/patent:

All work created, developed, invented, carried out or produced during your engagement or arising out of or in consequence of this Agreement, shall be deemed to have been made by or on behalf of [Organisation].  The work, together with the benefit of any such work, belongs exclusively to [Organisation].  You must give [Organisation] full details of all and any such work. You must, at [Organisation]’s request and cost both during the contract and thereafter, if required, take all steps as may be necessary or desirable to substantiate [Organisation]’s rights in respect of any such work.

12. Other conditions:

Any other conditions, including variations to the terms set out above, shall be included as an Appendix to this Agreement.

For ____________________________________ (Organisation)
Signed: __________________________________
Date: __________________________
Name: __________________________________
Designation: ____________________
For the Consultant
Signed: __________________________________
Date: __________________________
Name: __________________________________
Designation: ____________________
 
Reviewed and updated by the HR Services Partnership – April 2010.

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