Consulting Services Agreement

Consulting Services Agreement Template for Denmark

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Document background

The Consulting Services Agreement is essential for businesses and organizations operating in Denmark that engage external consultants or consulting firms. This document is designed to comply with Danish legal requirements while protecting both parties' interests in a consulting relationship. It should be used whenever a company or organization seeks to formalize a consulting arrangement, whether for short-term projects or ongoing services. The agreement covers crucial aspects such as service scope, compensation, intellectual property rights, confidentiality, and data protection under GDPR. It incorporates specific provisions required by Danish law, including those from the Danish Contracts Act (Aftaleloven) and relevant commercial regulations. The document is structured to accommodate various consulting scenarios while maintaining legal compliance and practical functionality in the Danish business environment.

Suggested Sections

1. Parties: Identification and details of the consulting service provider and the client

2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting relationship

3. Definitions: Key terms used throughout the agreement and their specific meanings

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

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

7. Obligations of the Consultant: Key responsibilities and commitments of the consulting party

8. Obligations of the Client: Key responsibilities and commitments of the client

9. Intellectual Property Rights: Ownership and usage rights of any IP created during the consulting engagement

10. Confidentiality: Protection of confidential information exchanged during the engagement

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Indemnification: Extent of liability and indemnification obligations of both parties

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, only relevant where competitive sensitivity exists

2. Insurance: Requirements for professional liability insurance, relevant for high-risk or regulated services

3. Service Levels: Specific performance metrics and standards, relevant for quantifiable services

4. Subcontracting: Terms governing the use of subcontractors, if permitted

5. Equipment and Resources: Provisions regarding tools and resources provided by either party

6. Travel and Expenses: Terms for reimbursement of travel and other expenses, if applicable

7. Training and Knowledge Transfer: Requirements for training client staff or transferring knowledge

8. Compliance with Client Policies: Obligation to comply with client's internal policies, relevant for on-site work

Suggested Schedules

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

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

3. Schedule C - Key Personnel: List of key consultant personnel assigned to the project

4. Schedule D - Service Levels: Detailed performance metrics and measurement criteria

5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Appendix 1 - Client Policies: Relevant client policies and procedures

7. Appendix 2 - Change Request Form: Template for requesting changes to services or scope

8. Appendix 3 - Acceptance Testing Procedures: Procedures for accepting deliverables, if applicable

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