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Hourly Consulting Agreement Template for England and Wales

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Key Requirements PROMPT example:

Hourly Consulting Agreement

"I need an Hourly Consulting Agreement for providing IT security consulting services to a large financial institution, with specific provisions for data protection and confidentiality, and an hourly rate of £250."

Document background
The Hourly Consulting Agreement is designed for situations where professional services are provided on a time-based fee structure. This document is essential for both individual consultants and consulting firms operating under English and Welsh law, providing clarity on service delivery, payment terms, and professional obligations. It helps protect both parties' interests while ensuring compliance with UK regulations regarding independent contractors, intellectual property rights, and professional services. The agreement is particularly valuable when services are provided on an ongoing basis or for projects with undefined scope where time-based billing is more appropriate than fixed-fee arrangements.
Suggested Sections

1. Parties: Identification and details of the consultant and client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

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

5. Fees and Payment: Hourly rate, payment terms, expenses, and invoicing procedures

6. Term and Termination: Duration of agreement and circumstances for termination

7. Obligations of the Consultant: Key responsibilities and commitments of the consultant

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

9. Intellectual Property: Ownership and rights to work product

10. Confidentiality: Protection of confidential information

Optional Sections

1. Non-Compete: Restrictions on working with competitors - used when protecting business interests is crucial

2. Insurance: Required insurance coverage - used when services involve significant risk or liability

3. Data Protection: GDPR compliance obligations - used when personal data processing is involved

4. Force Majeure: Provisions for unforeseeable circumstances - used when long-term or critical services are involved

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services and deliverables

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

3. Schedule 3 - Service Levels: Performance metrics and standards for complex or ongoing services

4. Appendix A - Contact Details: Key personnel and communication protocols

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















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Industries

Common Law Contract Principles: Fundamental principles governing contract formation, including offer, acceptance, consideration, and intention to create legal relations under English common law

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract to which they are not a direct party

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly regarding limitation of liability clauses

Consumer Rights Act 2015: Law protecting consumer rights, applicable if the consultant is contracting with a business as a consumer

Employment Rights Act 1996: Legislation helping to distinguish between employee and consultant status, crucial for establishing proper contractual relationship

IR35 Legislation: Tax legislation determining whether a consultant should be treated as an employee for tax purposes

Agency Workers Regulations 2010: Regulations protecting agency workers' rights, may be relevant depending on the consulting arrangement

UK GDPR: Data protection regulation governing how personal data must be handled and processed

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Copyright, Designs and Patents Act 1988: Legislation governing intellectual property rights, crucial for determining ownership of work products

Trade Marks Act 1994: Law protecting trademarks and related intellectual property rights

Late Payment of Commercial Debts (Interest) Act 1998: Legislation providing for interest on late payments in commercial transactions

Late Payment of Commercial Debts Regulations 2013: Regulations supplementing the Late Payment Act with additional rules on payment terms

Equality Act 2010: Anti-discrimination legislation ensuring fair treatment regardless of protected characteristics

Health and Safety at Work etc. Act 1974: Legislation governing workplace safety, relevant if consultant works on client premises

Trade Secrets (Enforcement, etc.) Regulations 2018: Regulations protecting confidential business information and trade secrets

Competition Act 1998: Legislation relevant to non-compete clauses and competition law compliance

Civil Procedure Rules: Rules governing civil litigation and alternative dispute resolution in England and Wales

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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