Consultancy Agreement

CONSULTANCY AGREEMENTThis Consultancy Agreement (here in after termed as “Agreement”) is made and entered into this [date] (here in after termed as “Said Date”) by and between [name] with its principal place of business located at [address] (the “Company”) and [name] with its principal place of business located at [name] (the “Consultant”) (hereinafter referred to individually as a “Party” and collectively as “the Parties”). WHEREAS, the Company is undergoing the business of [description of business];WHEREAS, the Consultant has expertise in the area of [insert description of area of expertise];WHEREAS, the Company has now decided to hire the consultants to render their services in certain areas of the business where they have established their expertise;NOW, THEREFORE, the Parties hereby agree as follows:<ol><li style="text-align:justify">Engagement and services</li></ol><ul><li style="text-align:justify">Engagement: The company hereby agrees the consultant to provide the services set forth in Exhibit A attached hereto “services” and consultancy hereby accepts the engagement.</li><li style="text-align:justify">Standard of Services: All the services to be provide by the consultant shall be performed with promptness and diligence in manner and the company shall provide such access to its information, personnel and property as may be reasonably in order to permit the consultant to perform the services.</li><li style="text-align:justify">Tools, Instruments and Equipment: Consultant shall provide consultant’s own tools, instrument and equipment and property of performing the services.</li><li style="text-align:justify">  Representation and warranty: Consultant shall represent and warrants to the company that it is under no contractual or obligations or any other restrictions which are inconsistent with the execution of this Agreement or which will interfere with the performance of the services.</li></ul> <ol start="2"><li style="text-align:justify">Relationship of Parties: This agreement shall not constitute an employer and employee relation, but it is intent to all parties that consultant shall at all times be an independent contractor.</li><li style="text-align:justify">Term: The term of this agreement shall commence on the date and shall terminate by [termination period]</li><li style="text-align:justify">Compensation: For services provided hereunder, in the consulting services, the client shall pay the consultant (sum of fixed project price). The consultant shall invoice the client and such invoices shall be due and payable within time frame (days) of the client’s receipt of the invoice.</li><li style="text-align:justify">Disclosure of information: In this Agreement the term “confidential information” shall mean the work product and all the information relating to the company’s business, including, but not limited to, development, research, services, products, diagrams, technology, ideas, designs, inventions, copyright, trademark, customers, suppliers, markets, trade secrets etc.</li></ol>Confidential information does not include information which is relating to:<ul><li style="text-align:justify">Public domain without breach of this consultant agreement</li><li style="text-align:justify">Independently developed by the consultant without use of any confidential information regarding company</li><li style="text-align:justify">Acquired by the consultant from the third party not under an obligation of confidentiality or any non- use to the company.</li></ul><ol start="6"><li style="text-align:justify">Remedies: In this agreement, whereas the client may have by virtue of this agreement, consultant agrees in such event that a breach of the confidentiality provisions occurs in this agreement or is any threatened, client shall be entitled to obtain an injunction against consultant from a court as per the jurisdiction to restrain any breach of confidentiality.</li><li style="text-align:justify">Amendments: This Agreement may be altered from time to time accordance to the necessary changes only in a writing signed by the both parties.</li><li style="text-align:justify">[other terms and conditions]</li></ol>IN WITNESS WHEREOF, and intended to be legally bound, the parties have executed this Agreement by their authorized representatives as of the [Date of Agreement].CLIENTEntity:Name:Signature: CONSULTANTEntity:Name:Signature:eStartIndia

CONSULTANCY AGREEMENT

This Consultancy Agreement (here in after termed as “Agreement”) is made and entered into this [date] (here in after termed as “Said Date”)

by and between [name] with its principal place of business located at [address] (the “Company”) and [name] with its principal place of business located at [name] (the “Consultant”) (hereinafter referred to individually as a “Party” and collectively as “the Parties”).

WHEREAS, the Company is undergoing the business of [description of business];

WHEREAS, the Consultant has expertise in the area of [insert description of area of expertise];

WHEREAS, the Company has now decided to hire the consultants to render their services in certain areas of the business where they have established their expertise;

NOW, THEREFORE, the Parties hereby agree as follows:

Engagement and services

Engagement: The company hereby agrees the consultant to provide the services set forth in Exhibit A attached hereto “services” and consultancy hereby accepts the engagement.
Standard of Services: All the services to be provide by the consultant shall be performed with promptness and diligence in manner and the company shall provide such access to its information, personnel and property as may be reasonably in order to permit the consultant to perform the services.
Tools, Instruments and Equipment: Consultant shall provide consultant’s own tools, instrument and equipment and property of performing the services.
Representation and warranty: Consultant shall represent and warrants to the company that it is under no contractual or obligations or any other restrictions which are inconsistent with the execution of this Agreement or which will interfere with the performance of the services.

Relationship of Parties: This agreement shall not constitute an employer and employee relation, but it is intent to all parties that consultant shall at all times be an independent contractor.
Term: The term of this agreement shall commence on the date and shall terminate by [termination period]
Compensation: For services provided hereunder, in the consulting services, the client shall pay the consultant (sum of fixed project price). The consultant shall invoice the client and such invoices shall be due and payable within time frame (days) of the client’s receipt of the invoice.
Disclosure of information: In this Agreement the term “confidential information” shall mean the work product and all the information relating to the company’s business, including, but not limited to, development, research, services, products, diagrams, technology, ideas, designs, inventions, copyright, trademark, customers, suppliers, markets, trade secrets etc.

Confidential information does not include information which is relating to:

Public domain without breach of this consultant agreement
Independently developed by the consultant without use of any confidential information regarding company
Acquired by the consultant from the third party not under an obligation of confidentiality or any non- use to the company.

Remedies: In this agreement, whereas the client may have by virtue of this agreement, consultant agrees in such event that a breach of the confidentiality provisions occurs in this agreement or is any threatened, client shall be entitled to obtain an injunction against consultant from a court as per the jurisdiction to restrain any breach of confidentiality.
Amendments: This Agreement may be altered from time to time accordance to the necessary changes only in a writing signed by the both parties.
[other terms and conditions]

IN WITNESS WHEREOF, and intended to be legally bound, the parties have executed this Agreement by their authorized representatives as of the [Date of Agreement].

CLIENT

Entity:

Name:

Signature:

CONSULTANT

Entity:

Name:

Signature:

eStartIndia

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The services rendered by the consultants are generally governed through the agreement created between the consultant and their clients or employers. Every relevant detail regarding the consultancy services will be mentioned in the agreement according to which the consultant and the employer govern their relationship. The requirements of the job, time period, cost, remuneration, and everything has to mention.

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ADVANTAGES OF CONSULTANCY AGREEMENT

IMPROVES CLARITY: The consultancy agreement involves a detailed description of the nature of work which negates the scope of doubts between the parties.
GUARDS THE PARTIES: The parties express their will, rights, and duties in an agreement which reduces the scope of disputes between the parties in the future.
PROOF: it acts as evidence that expresses the duties and rights which the parties have agreed on.
SCOPE OF CONFIDENTIALITY: Agreement involves clauses that state the compliance with any confidentiality that the parties may prescribe in their contract.

CONTENTS OF CONSULTANCY AGREEMENT

Name and details of parties.
Date of contract.
Term.
Cost of service or project.
Nature of work.
Requirements.
Remuneration.
Confidentiality terms (if any).
Dispute resolution.
Other terms and conditions.

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FAQs

What is mentioned in agreement of consultancy?

The details of parties, job requirements, expenses fee, rights, obligations, nature of work, the term of work etc. will be mentioned in a consultancy agreement.

Who are parties to a agreement?

A consultant and the client becomes the party to a consultant agreement

What is the difference between employment contract and consultancy contract?

Agreement of Consultancy is a service agreement made to get a particular work or project done within a prescribed time of period.

An employment contract is a signed agreement between an employer and the employee, in which it establishes both the rights and responsibilities of the company.