Consultancy Agreement Between Two Companies

Consultancy Agreement Between Two Companies Template for Denmark

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Document background

The Consultancy Agreement Between Two Companies is a essential legal document used when one company engages another to provide professional advisory or consulting services in Denmark. This agreement is particularly relevant in today's business environment where companies frequently seek external expertise for specialized projects, strategic initiatives, or ongoing professional support. The document addresses key aspects required under Danish law and EU regulations, including service specifications, payment structures, intellectual property rights, data protection, and confidentiality provisions. It's designed to protect both parties' interests while ensuring compliance with Danish business practices and legal requirements, making it suitable for both domestic and international business relationships where Danish law governs the arrangement.

Suggested Sections

1. Parties: Identification and details of the contracting companies, including registration numbers and authorized representatives

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the consultancy services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements

7. Obligations of the Consultant: Key responsibilities and service delivery standards

8. Obligations of the Client: Client's responsibilities including provision of information and access

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Force Majeure: Provisions for unforeseen circumstances affecting performance

14. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

15. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when sensitive market information is involved

2. Non-Solicitation: Restrictions on hiring each other's employees, used for longer-term engagements

3. Insurance: Specific insurance requirements, used for high-risk or regulated services

4. Warranties: Additional warranties beyond standard obligations, used for specialized services

5. Service Levels: Specific performance metrics and standards, used for technical or measurable services

6. Audit Rights: Right to audit performance and compliance, used for regulated industries or critical services

7. Subcontracting: Terms for engaging subcontractors, used when subcontracting is anticipated

8. Change Control: Process for managing changes to services, used for complex or long-term projects

9. Exit Management: Detailed termination and transition procedures, used for business-critical services

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of consultancy services

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics and measurement criteria

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

6. Schedule 6 - Contact Details: Key contacts and escalation procedures

7. Appendix A - Required Documents: List of documents/information required from the client

8. Appendix B - Project Timeline: Milestone dates and delivery schedule if applicable

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