A Consulting Contract or Consulting Agreement is a document under which a consultant (someone who gives expert or professional advice) agrees to provide professional or consulting services. Under this agreement, the "consultant" is an independent contractor with respect to the "company," and not an employee of the "company." This document allows the user to substitute any term for the term "consultant," and thus, this document can be adapted to many other situations that might involve an independent contractor.
The Consulting Contract should be signed by both parties and becomes effective as of the date inserted at the beginning of the Contract. For specific information regarding the employee/independent contractor distinction, review the "Employee or Independent Contractor" topic.
1 answer
False
1 answer
A consulting agreement is a contract between a client and a consultant which describes the conditions with regard to the consulting services that will be provided to the client. Additionally, the conditions of the legal contract will also contain provisions with regard to the responsibilities the client has in terms of both support of the efforts of the consultant as well as payment. Consulting agreements can either be open ended or specific and precise in the terms of the relationship, depending on how the two parties involve wish to approach the relationship.
The consulting agreement will address a number of concerns in its condition listing. For example, some of the provisions might include the specific scope of services to be performed by the consultant, such as defining the amount of hours that the consultant has to work at minimum per week where the client conducts its business, or interacting with employees or working with records of the business. Also, the terms might have the consultant commit a certain amount of hours on certain activities, like developing a program or strategy for a client or conducting research.
Along with this, the client may also have responsibilities that will be addressed in this agreement. For example, this might include giving the consultant access to any of the data or documents that are required for them to fulfill their end of the bargain. Also, this may include committing the client to meet with the consultant every so often and to ensure that they provide all of the necessary materials that the consultant requires to complete his or her task. Beyond the essentials and interaction, this will also include the payment terms for the services provided.
Most consultants will require a contract before devoting any resources or time to a client. While it can take the form of a verbal contract, it is discouraged since it is difficult to enforce a verbal contact due to the limitations, even when the agreement takes place in a nation where an oral agreement is fully valid as a method. Because of this, it is most wise for both the client and the consulting term to have the agreement written down and then to have legal counsel review the terms and conditions before making any commitment. This will allow everybody to have the security of a guaranteed service and a guaranteed payment plan set.
1 answer
Consulting with a DUI accident lawyer will help those charged or suspected of drunken driving further understand their case and create their defense. As with all other criminal cases, suspects charged with DUI should never hire the first lawyer they speak with. Suspects should browse around and meet with more than one attorney before deciding which one will represent them the best in a court of law. DUI lawyers that have been practicing DUI defense law for quite some time know that the DUI laws change every now and then, which can help a suspect in a DUI case who might not know the laws and how they apply to their case.
A consultation with a DUI accident lawyer will usually last for no more than 30 minutes at a time because the majority of first time consultations will be free of charge to the suspect involved in the case. Lawyers offer free consultations as an incentive for suspects to hire them as their representative during their trial. These consultations, which can take place over the phone or in person, should be used by the suspect to get to know the lawyer they are meeting with. During the consultation the suspect should ask the lawyer questions regarding his or her background, their experience in law, where they went to law school, their trial record, if they can observe them during an upcoming trial and much more. Once all of these questions are answered by each lawyer the suspect can make an educated and informed decision as to which lawyer will represent them during the trial.
The law in the United States does not require a suspect in a DUI case to be represented by an accident lawyer when appearing in court. If a suspect decides to represent him or herself during a DUI case, the court will expect that the suspect will know all of the pertinent laws regarding the case and how to handle oneself during the trial. Hiring a DUI attorney will make life easier for a suspect involved in a DUI case because DUI lawyers will know when laws change regarding DUI in the United States and within each individual state. A DUI lawyer will be able to file all of the proper paperwork with the court and have it filed by the required filing date. Consulting with a DUI lawyer can mean the difference between spending long periods of time in jail or negotiating a plea deal that keeps the offender out of jail by using various alternatives available today. Some of those alternatives to jail are having the driver’s license suspended for a period of time, loosing driving privileges for life, performing community service, paying restitution to the victim of the accident (if one occurred) or paying money to the state for repeat offenses.
1 answer
Sharepoint consulting differs from regular consulting because they can be set up with fewer server requirements. This makes it much easier to follow through with the consulting.
1 answer
This Consulting Agreement is made on _________________, by and between ______________ (“Consultant”) and _______________________ (“Customer”).
Whereas Customer requires certain services Consultant can provide, and Consultant wishes to provide services to Customer, the parties agree as follows:
1. Description of Services. Starting on ___________ (“Date”), Consultant shall provide the following services (“Services) for Customer: ___________________________________.
2. Performance of Services. The manner in which the Services are to be performed and the hours to be worked by Consultant shall be determined by Customer. Consultant shall get prior approval from Customer for the hours to be worked and billed by Consultant.
3. Expense Reimbursement. Consultant shall get prior approval for the kinds, types, and amounts of expenses to be reimbursed, if any, by the Customer.
4. Payment. Customer will pay Consultant bi-weekly for Services performed and Expenses incurred according to this Agreement.
5. Support Services by Customer. Customer shall provide the following support staff, office space, and services support to Consultant while on Customer premises (“Premises”): _______________________________________________________________.
6. Termination. Either party may terminate this Agreement at any time, with or without cause.
7. Relationship of the Parties. Consultant is an independent contractor with respect to, and not an employee of, Customer. Therefore, Customer is not responsible for providing any fringe benefits to Consultant including, but not limited to, health insurance, paid vacation, or any other employee benefit.
8. Disclosure. Consultant must disclose any outside activities or interests, including ownership or participation in the development of prior inventions, that conflict or may conflict with the best interests of Customer. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to the business of Customer.
9. Employees. Consultants employees, if any, who perform services for Customer under this Agreement, directly or indirectly, shall also be bound by the provisions of this Agreement. Consultant shall make take all necessary steps to effect compliance with this condition of the Agreement.
10. Insurance. Consultant shall obtain all necessary insurance and other benefits required by law for its employees or subcontractors. Consultant shall show such evidence to Customer prior to beginning work on Customers premises.
11. Assignment. Consultant's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of Customer. This consent may be withheld for any reason whatsoever.
12. Intellectual Property. The following provisions shall apply with respect to copyrightable works, ideas, discoveries, inventions, applications for patents, and patents (collectively, "Intellectual Property"):
A. Consultant's Intellectual Property. Interest in the Intellectual Property that is described on the attached Exhibit 1 is not subject to this Agreement.
B. Development of Intellectual Property. Any improvements to Intellectual Property items listed on Exhibit 1, further inventions or improvements, and any new items of Intellectual Property discovered or developed by Consultant or their Employees, if any, during the term of this Agreement shall be the property of Customer. Consultant shall sign all documents necessary to perfect the rights of in such Intellectual Property, including the filing and/or prosecution of any applications for copyrights or patents. Upon request, Consultant shall sign all documents necessary to assign the rights to such Intellectual Property to Customer.
13. Confidentiality. Consultant recognizes that Customer will disclose certain proprietary information of a broad nature. Consultant agrees to hold all such information in confidence by itself, and by its employees, if any. This clause shall be interpreted broadly in favor of the Customer.
14. Unauthorized Disclosure of Confidential or other Information. If it appears that Consultant has disclosed, or threatened disclosure, of Information in violation of this Agreement, Customer shall be entitled to an injunction to restrain Consultant or any of its employees, if any, from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. Customer shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
15. Confidentiality after Termination. The confidentiality and non-disclosure provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
16. Return of Records. Upon termination of this Agreement, Consultant shall deliver all records, notes, memos, email, equipment, and any other related materials to Customer. Consultant will eliminate, erase, and otherwise dispose of any copies under its, or its employees, if any, possession, custody, or control.
17. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized over night delivery service such as FedEx.
If to the Consultant: _____________________________________________________.
If to the Customer: ___________________________________________________.
18. No Waiver.
The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
19. Entirety of Agreement.
The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.
20. Governing Law.
This Agreement shall be construed and enforced according to the laws of the State of ____________________ and any dispute under this Agreement must be brought in this venue and no other.
21. Headings in this Agreement
The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.
22. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
In Witness whereof, the parties have executed this Agreement as of the date first written above.
_________________________ _______________________
Customer Consultant
___________________
Date
Consulting AgreementReview List
This review list is provided to inform you about this document in question and assist you in its preparation. Customers should always get a consulting agreement signed to limit their exposure to expense and disclosure of confidential information. If the consultant will not sign such an Agreement, dont do the deal. If you are a consultant, a signed deal can benefit you to get terms and conditions agreed to so you can be assured of proper payment and treatment on the job.
1. Sign in multiple copies. Keep one copy with your file for the other party.
2. If Consultant only has one or two employees/contractors, get them to sign this Agreement as well. If you are the Consultant, you are well advised to get your employees/contractors to sign this Agreement so they are bound by its terms as welland you are not left holding the proverbial “bag” should something go wrong.
3. This is a form of well care that will serve you well over time if you get these agreements signed on a regular basis.
2 answers
yeah, I know Daxue Consulting, and it is the most cost-efficient consulting firm, and it provide reliable and flexible market research in China, and consulting in China, and entrance strategy in China.
1 answer
One can inquire about pharmaceutical consulting from several agencies, for example Tas Consulting and Parexel. One can also check out the IMS Consulting Group, Intertek and Live Oak Pharmaceutical Consulting, Incorporated.
1 answer
Nowadays, businesses everywhere are looking for ways to boost net profits by increasing gross income. Strategic rethinking of one's business plan usually involves looking at overhead, fixed assets, liabilities, and possible job cuts to decrease overhead and boost overall profits. Consultation companies are more than happy to review the status of your current business situation, giving you a better idea of how to proceed. Regardless of where you are in terms of your business's latest profit and loss statement, your profit margin must meet a certain threshold in order to satisfy shareholders, as well as the owner of the company.
The Need For LayoffsOne of the first things a consultant will do when you enlist their services is evaluate employee productivity. While no one enjoys layoffs, they are an everyday reality in most business sectors. Those whose jobs are expendable or whose performance is substandard may be liable to being let go, either to be replaced by someone more proficient who will be entitled to less pay, or his or her job functions can be transferred to another department, at the discretion of the hiring manager.
Ways To Boost EfficiencyOther options for increasing gross income include moving to a less expensive office suite than the one currently utilized by your company, cutting employee benefits, finding cheaper suppliers for manufactured goods, and increasing employee productivity through reward incentives, better on-the-job tools and software, and by creating a more efficient work environment.
Revise The Employee HandbookA better and more efficient work environment can be achieved by looking at current policies and procedures. Outdated policies and procedures can be updated according to current industry standards, and scheduling of employees' duties can be changed according to a strategic effort on your part and on the part of the consultants. By the end of the year, a noticeable increase in gross profits for the year should be noted, taking into account the consulting fees and other expenditures which were required to reach the new profit margins. In summary, by reducing overhead and increasing worker productivity, gross income can be increased and multiplied by a reasonable level, to the satisfaction of the shareholders, the CEO, and the board of directors.
1 answer
Automobile purchases and leases in California are subject to the Song- Beverly Consumer Warranty Act, otherwise known as the Lemon Law, which obliges the vehicle manufacturer to repair defects within a reasonable amount of time or repurchase the vehicle after a reasonable number of defects have been discovered. Although this is a very brief interpretation of the law (see a more thorough explanation here), the devil is in the details, as they say. What is considered a 'reasonable' amount of time for repairs or a 'reasonable' number of defects depends on the nature of the defect or defects. The California Lemon Law provides some consumer protection with regards to vehicles purchased in California. To ensure the best possible result for California Lemon Law claims, a California attorney may have to be engaged by the consumer client. Thousands of consumers have been represented by attorneys in their Lemon Law cases in California since the enactment of the law.
If you believe you have a case that may require consulting a California attorney regarding the Lemon Law and your vehicle, you'll need to gather the following documents at a minimum:
When determining whether you have a valid claim for a Lemon Law case, these documents will help your attorney a great deal. If you have difficulty obtaining these documents, your attorney or his or her staff may be able to assist you in obtaining these documents.
The California Lemon Law applies to consumer purchases or leases of a motor vehicle primarily for use as personal, family, or household transportation. Persons who bought or leased a vehicle for commercial purposes are not protected under this law, but may be protected under contract law instead.
The California Lemon Law refers to 'new motor vehicles', which also includes vehicles sold with a manufacturer's approved new warranty. For example, if a two-year-old used car is reconditioned and sold with the remaining one-year portion of a three-year manufacturer's warranty, that sale qualifies under the California Lemon Law.
1 answer
Transform, the consulting firm, was created in 2004.
2 answers
Candid8 is the best IT Consulting firm in Texas
1 answer
Dornier Consulting's motto is 'Your vision is our mission.'.
1 answer
One can join a consulting group by applying directly to a number of consulting companies. Most, like the Boston Consulting Group, allow one to fill in online forms to apply.
1 answer
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
The senate, by consulting and debate, would declare a war.
2 answers