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Consultant Engagement Agreement
"I need a Consultant Engagement Agreement for a software development consultant who will be working on our proprietary technology platform starting March 2025, with strong IP protection clauses and the ability to access our source code."
1. Parties: Identifies the parties to the agreement, including full legal names and ABN/ACN
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Engagement and Term: Establishes the consultant's engagement as an independent contractor and specifies the duration of the agreement
5. Services: Outlines the consultant's obligations and the general nature of services to be provided
6. Consultant's Obligations: Details specific duties, professional standards, and compliance requirements
7. Client's Obligations: Specifies the client's responsibilities including provision of information and resources
8. Fees and Payment: Details the fee structure, payment terms, and expenses
9. GST: Addresses GST obligations and requirements
10. Intellectual Property: Establishes ownership and rights regarding intellectual property created during the engagement
11. Confidentiality: Defines confidential information and obligations regarding its protection
12. Privacy: Addresses handling of personal information and privacy compliance
13. Liability and Insurance: Sets out liability limitations and insurance requirements
14. Termination: Specifies circumstances and procedures for ending the agreement
15. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution
1. Non-Compete: Restricts consultant's ability to work with competitors - include when protecting market position is crucial
2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers - include for client protection
3. Work Health and Safety: Details WHS obligations - include when services are performed on-site
4. Background Checks: Requires security or other background checks - include for sensitive work environments
5. Key Personnel: Identifies specific individuals who will perform the services - include when particular expertise is required
6. Equipment and Resources: Details provision of equipment and resources - include when significant resources are involved
7. Performance Metrics: Establishes KPIs or performance standards - include when specific outcomes are measurable
8. Subcontracting: Addresses ability to subcontract services - include when subcontracting might be relevant
1. Schedule 1 - Services Description: Detailed description of services, deliverables, and specifications
2. Schedule 2 - Fees and Payment Terms: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance standards, timing, and quality requirements
4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required
5. Schedule 5 - Key Personnel: Details of approved personnel who will perform the services
6. Appendix A - Project Timeline: Project milestones and delivery dates
7. Appendix B - Reporting Requirements: Format and frequency of progress reports
8. Appendix C - Approved Expenses: List of approved expenses and reimbursement procedures
Authors
Technology
Financial Services
Healthcare
Professional Services
Education
Construction
Mining
Manufacturing
Retail
Telecommunications
Environmental Services
Real Estate
Media and Entertainment
Energy
Transportation and Logistics
Legal
Human Resources
Procurement
Finance
Operations
Risk and Compliance
Commercial
Administration
Executive Leadership
Project Management Office
Chief Executive Officer
Chief Financial Officer
Procurement Manager
Legal Counsel
Human Resources Director
Project Manager
Operations Manager
Department Head
Business Unit Director
Contract Manager
Risk Manager
Compliance Officer
Managing Director
General Manager
Commercial Manager
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