Consultancy Agreement: company (time-based)

Consultancy Agreement: company (time-based)

What is covered in this consulting agreement template: Agreement for the appointment of a service company to provide consultancy services for a period of time

About this Consultancy Agreement

This Consultancy Agreement is for the appointment by the client of a service company to provide consultancy services on a time basis. The service company agrees to procure that a named individual provides the services and that the individual complies with other applicable provisions of the agreement. 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 a specified period of notice. The consultancy services will need to be agreed upon 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 consulting agreement template also contains provisions which, in case of doubt, should help avoid the relationship being considered as an employment relationship for the purpose of IR35.  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. 

Often, this type of Consultancy Agreement is also accompanied by a letter from the named individual to the client containing undertakings from the individual to the client with regard to certain matters, including:

• control of the service company by the individual
• continued employment of the individual by the service company
• ownership of intellectual property in materials/work product generated during the consultancy
• performance of the Consultancy Agreement by the service company

We have a form of this letter available separately from the Consultancy Agreement (consulting agreement template) – see [EMC005.001 Consultancy Agreement: company (individual side letter)]. 

Document features

Features include:

• Consulting agreement template: 24 clauses over 16 pages
• Time-based appointment for a fixed term, terminable by notice by either client or consultant
• Obligations on the consultant company with regard to the performance of the services by the named individual
• 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 are contained within the consulting agreement template
• 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 for breach and other circumstances

Explanatory guidance

As with all of our document templates, your purchase will include access to clear explanatory guidance on the document and its use. 

Alternative Consultancy Agreements

For a form of consultancy for a service company on a project basis, see [EMC004.001 Consultancy Agreement: company (project-based)].  For forms of consultancy agreement with an individual consultant, see [EMC001.001 Consultancy Agreement: individual (time-based)] and [EMC002.001 Consultancy Agreement: individual (project-based)].

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