… you are an expert/consultant in your field and an organization has requested your professional advice on a specific business, technical or legal matter
… you are a software developer, a web designer, a digital marketing agency or any other service provider and have been asked to perform a project or develop a product
… you are providing advice to a client and would like to formalize your arrangements, including your fees. The agreement is also suitable for agile project management
Under a consulting agreement (or “consultancy agreement”), a company hires the services of a consultancy or a consultant.
The consultant provides its expertise and advice and/or performs a project as an independent contractor against an agreed fee. Though it is an outsider, the consultant will have access to the company’s offices, proprietary and confidential information, clients, employees, projects, etc.
On the other hand, the company will gain insight into the consultant’s proprietary know-how. Therefore, it is paramount that all information exchanged during the agreement remains highly confidential. Both the company and the consultant are thus well-advised to have a written agreement in place stating clearly what happens with any deliverable and, depending on the services, whether the consultant will be restricted from talking to the company’s clients or employees during and after the end of the agreement.
Furthermore, to avoid any misunderstanding or conflict, the scope of the services and the liability of the consultant in case anything goes wrong should be drafted in a way that should leave no room for interpretation.
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