Consulting Fee Agreement

Consulting Fee Agreement Template for Denmark

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Document background

The Consulting Fee Agreement is a crucial document used when engaging professional consulting services in Denmark, whether for one-time projects or ongoing professional services. This agreement type is essential for businesses and organizations seeking to formalize their relationship with external consultants while ensuring compliance with Danish legal requirements. The document addresses key aspects such as scope definition, payment terms, professional obligations, and legal protections, incorporating necessary elements required under Danish contract law, tax regulations, and business practices. It's particularly important for establishing clear expectations, protecting intellectual property rights, maintaining confidentiality, and defining the consultant's status as an independent contractor rather than an employee. The agreement serves as a vital tool for risk management and protecting both parties' interests while facilitating professional service delivery.

Suggested Sections

1. Parties: Identification of the consultant and the client, including full legal names, registration numbers (CVR for companies), and addresses

2. Background: Context of the agreement and brief description of why the parties are entering into this consulting arrangement

3. Definitions: Key terms used throughout the agreement defined for clarity and consistent interpretation

4. Scope of Services: Detailed description of the consulting services to be provided, including deliverables and any specific requirements

5. Fees and Payment Terms: Consulting fees, payment schedule, invoicing requirements, and VAT considerations in accordance with Danish law

6. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

7. Consultant's Obligations: Key responsibilities, performance standards, and professional conduct requirements

8. Client's Obligations: Client's responsibilities, including provision of necessary information and cooperation

9. Intellectual Property Rights: Ownership and usage rights of any work product created during the consultation

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Liability and Indemnification: Extent of consultant's liability and any indemnification obligations, in compliance with Danish law

12. Force Majeure: Circumstances under which parties are excused from performance

13. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for dispute resolution

14. Entire Agreement: Standard boilerplate confirming the agreement represents the complete understanding between parties

Optional Sections

1. Insurance: Requirements for professional liability insurance when consulting involves high-risk activities or significant potential damages

2. Non-Competition: Restrictions on consultant's ability to work with competitors, subject to Danish competition law limitations

3. Data Protection: GDPR compliance provisions when personal data processing is involved

4. Assignment: Rights to assign the agreement to other parties, particularly relevant for larger organizations

5. Subcontracting: Terms governing the use of subcontractors if allowed

6. Warranties: Specific guarantees regarding consultant's qualifications or service quality

7. Change Management: Process for managing changes to scope or services when project flexibility is needed

8. Performance Metrics: Specific KPIs or performance standards when measurable outcomes are required

9. Travel and Expenses: Terms for reimbursement of travel and other expenses when significant travel is expected

Suggested Schedules

1. Schedule A - Service Description: Detailed specification of consulting services, methodologies, and deliverables

2. Schedule B - Fee Schedule: Detailed breakdown of fees, hourly rates, payment milestones, and any variable compensation elements

3. Schedule C - Time Schedule: Project timeline, milestones, and delivery dates if applicable

4. Schedule D - Key Personnel: List of key consultant personnel assigned to the project when specific expertise is required

5. Schedule E - Client Materials: List of materials, information, or resources to be provided by the client

6. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms when personal data handling is involved

7. Appendix 2 - Service Level Agreement: Specific performance standards and metrics when applicable

8. Appendix 3 - Confidentiality Agreement: Detailed non-disclosure terms when extensive confidential information is involved

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