Consulting Subcontractor Agreement

Consulting Subcontractor Agreement Template for Denmark

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Document background

The Consulting Subcontractor Agreement is essential for businesses operating in Denmark that engage external consultants through a primary contractor structure. This document is specifically designed to comply with Danish legal requirements and EU regulations, including GDPR and local business laws. It's typically used when a consulting firm needs to engage additional expertise or capacity through subcontractors while maintaining control over client relationships and project delivery. The agreement covers crucial elements such as scope of services, payment terms, intellectual property rights, confidentiality, and data protection, with particular attention to Danish commercial practices and regulatory requirements. The document is structured to protect all parties' interests while ensuring clarity in roles, responsibilities, and performance expectations.

Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the subcontracting arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided, including any specific requirements or standards

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

6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, invoicing requirements, and payment methods

7. Performance Standards: Quality standards, deliverables, and performance metrics

8. Obligations of the Subcontractor: Key responsibilities, reporting requirements, and compliance obligations

9. Obligations of the Main Contractor: Support, information, and resources to be provided by the main contractor

10. Intellectual Property Rights: Ownership and usage rights of work products, pre-existing IP, and developed materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

14. Force Majeure: Circumstances excusing performance and related procedures

15. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when subcontractor may have access to sensitive market information or client relationships

2. Non-Solicitation: Restrictions on hiring or soliciting employees/clients, used when protecting business relationships is crucial

3. Warranties: Specific guarantees about services or capabilities, used for specialized consulting services

4. Service Levels: Detailed performance metrics and remedies, used for technical or mission-critical services

5. Change Control: Process for managing changes to services or terms, used in long-term or complex engagements

6. Compliance with Client Requirements: Flow-down provisions from end-client agreements, used when services are provided to end-clients

7. Insurance: Detailed insurance requirements, used for high-risk or regulated services

8. Business Continuity: Disaster recovery and business continuity requirements, used for critical services

9. Exit Assistance: Transition services upon termination, used for complex or integrated services

Suggested Schedules

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

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

3. Schedule C - Service Levels: Performance metrics, measurement methods, and remedies for non-performance

4. Schedule D - Data Processing Agreement: GDPR-compliant data processing terms and requirements

5. Schedule E - Key Personnel: Identification of key team members and their roles

6. Schedule F - Approved Subcontractors: List of pre-approved further subcontractors if applicable

7. Schedule G - Security Requirements: IT, physical, and data security requirements

8. Schedule H - Required Insurance: Detailed insurance requirements and minimum coverage levels

9. Appendix 1 - Form of Change Order: Template for documenting changes to services or terms

10. Appendix 2 - Acceptance Test Procedures: Procedures for accepting deliverables or milestones

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