This document is an agreement for the provision of consultancy services.
This agreement is written with the interests of the client as the priority. Typically, a client/company would issue this agreement to a consultant. The design of the agreement is to permit the consultant to provide either general or more specific services, but be relatively light in terms of detailed obligations (on either party).
It is closely based on the similar precedent “Agreement for consultancy services – pro client” but with provisions to reflect the interests of the client/company. For example, this agreement requires the service provider/consultant to provide a range of warranties as to the standards it will reach and the level of effort it will use.
The precedent allows the parties to specify services in a schedule.
This agreement is sufficiently comprehensive to deal with all matters usually relevant for a client when entering a services agreement with a consultant. There are some optional clauses within the precedent that may not be relevant to the client in every circumstance and may be deleted.
This is not typically an agreement that would be issued by a consultant to a client, as it includes the warranties a consultant may seek to avoid or minimise.
Using this precedent
The precedent provides a substantial provision relating to confidentiality and the protection of confidential information. Depending on the nature of the services to be supplied, and the extent of sensitive information that the client may need to disclose to the consultant, it may be necessary to enter into a separate confidentiality agreement, or utilise additional confidentiality provisions. (See precedents “Confidentiality agreement – unilateral”, “Confidentiality agreement – mutual” and “Additional confidentiality provisions”.)
The precedent refers to a Work Health and Safety policy for the client/company. You may wish to include a policy as an attachment to this agreement.
Due to the number of options provided in the precedent, a thorough review of the agreement upon completion is strongly recommended prior to issuing to the other party.
This document has been authored for Lexis Nexis by Brooke Pendlebury, Principal, Pendlebury Workplace Law.
This document is prepared with the assistance of Specialist Editor Murray Landis, Partner, K&L Gates.