Consultancy Agreement: individual (time-based)

Consultancy Agreement: individual (time-based)

Consulting agreement for the appointment of an individual to provide consultancy services for a period of time

Background

This Consultancy Agreement is for the appointment of an individual directly by the client to provide consultancy services on a time basis. The period of the appointment is either for a fixed term ending on a stated date or until it is terminated by either the client or the consultant on specified period of notice. The consultancy services will need to be agreed and specified in the document. Payment of the consultancy fees is on the basis of time spent and an agreed contractual rate, with monthly invoicing and payment. 

The document also contains provisions which, in case of doubt, should help avoid the relationship being considered as an employment relationship.  These include the ability of the consultant to nominate a substitute to carry out the services and an obligation on the consultant to carry insurance for liability resulting from the performance of the services. 

Document features

Features include:

• consulting agreement 24 clauses over 15 pages
• Time-based appointment for a fixed term, terminable by notice by either client or consultant
• Obligations on the consultant with regard to the performance of the services
• Ability for consultant to nominate a substitute to perform the services
• Fees payable on the basis of time spent at an agreed contractual rate, with monthly invoicing and payment
• Data protection provisions
• Ownership of Intellectual Property rights arising from the services
• Liability for the consultant and contractual limitations on liability
• Status of the consultant as an independent contractor and consultant indemnity for tax arising from the appointment
• Early termination in this consulting agreement for breach and other circumstances

Explanatory guidance

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Alternative Consultancy Agreements

For a form of consultancy for an individual on a project basis, see EMC002.001 Consultancy Agreement: individual (project-based).  For forms of consultancy agreement with a personal service company, see EMC003.001 Consultancy Agreement: company (time-based) and EMC004.001 Consultancy Agreement: company (project-based).

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