Consulting Agreement Contract

Consulting Agreement Contract Template for Hong Kong

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Key Requirements PROMPT example:

"I need a Consulting Agreement Contract for a technology consulting firm providing digital transformation services to a Hong Kong-based retail company, with specific provisions for data protection and IP rights for any software developed during the engagement."

Document background

The Consulting Agreement Contract is a vital legal document used in Hong Kong business contexts when engaging external expertise or professional services. It is specifically designed to establish a clear consulting relationship while ensuring compliance with Hong Kong's legal requirements, including the Contract Ordinance and related business regulations. This document is essential when a company or individual requires specialized external expertise without creating an employment relationship. The agreement covers crucial elements such as scope of services, compensation, intellectual property rights, confidentiality, and termination provisions, while incorporating necessary protections for both parties under Hong Kong law. It's particularly important for maintaining clear boundaries between consulting and employment relationships, managing expectations, and protecting both parties' interests in professional service arrangements.

Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the client and the consultant

2. Background: Sets out the context of the agreement and brief description of why the parties are entering into it

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment and Term: Establishes the appointment of the consultant and duration of the agreement

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

6. Consultant's Obligations: Lists the key responsibilities and commitments of the consultant

7. Client's Obligations: Outlines the client's responsibilities and commitments

8. Fees and Payment: Details the consulting fees, payment terms, expenses, and invoicing procedures

9. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the consultancy

10. Confidentiality: Covers confidentiality obligations and handling of sensitive information

11. Data Protection: Addresses compliance with Hong Kong's Personal Data (Privacy) Ordinance

12. Liability and Indemnification: Sets out liability limitations and indemnification obligations

13. Termination: Specifies how and when the agreement can be terminated

14. Post-Termination Obligations: Outlines obligations that survive after the agreement ends

15. General Provisions: Contains standard boilerplate clauses including governing law, notices, etc

Optional Sections

1. Non-Competition: Restricts consultant from competing with client's business - include when consultant will have access to sensitive competitive information

2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers - include when consultant will have significant contact with them

3. Insurance: Specifies required insurance coverage - include when consulting services involve significant risks

4. Force Majeure: Addresses unforeseeable circumstances preventing performance - include for long-term or critical consulting arrangements

5. Service Levels: Defines specific performance metrics - include when consulting services can be quantitatively measured

6. Compliance with Laws: Details specific regulatory compliance requirements - include when consulting involves regulated industries

7. Sub-Contracting: Addresses ability to sub-contract services - include when consultant might need to delegate work

8. Change Control: Procedure for changing scope or terms - include for complex or long-term projects

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of consulting services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and expense categories

3. Schedule 3 - Key Personnel: Lists key individuals who will provide the consulting services

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

5. Schedule 5 - Client Materials: Lists materials, equipment, or access to be provided by client

6. Appendix A - Form of Invoice: Template for consultant's invoices

7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements if applicable

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Real Estate

Education

Retail

Construction

Telecommunications

Energy

Transportation

Media and Entertainment

Environmental Services

Business Advisory

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Business Development

Project Management

Contract Administration

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Human Resources Director

Operations Manager

Department Head

Business Development Manager

Risk Manager

Compliance Officer

Managing Director

Contract Administrator

Finance Director

General Manager

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Authors

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