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Hourly Consulting Agreement for India

Hourly Consulting Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for consulting services provided on an hourly basis. The document outlines the scope of services, hourly rates, payment terms, confidentiality obligations, and intellectual property rights while ensuring compliance with Indian Contract Act, 1872, and relevant taxation laws including GST requirements. It clearly defines the independent contractor relationship and includes necessary provisions for time tracking, invoicing, and dispute resolution under Indian jurisdiction.

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What is a Hourly Consulting Agreement?

The Hourly Consulting Agreement is essential for businesses operating in India that require specialized expertise on a flexible, time-based arrangement. This document is specifically designed to comply with Indian contract law and tax regulations while providing a clear framework for engaging consultants on an hourly basis. It's particularly useful when the scope of work may vary or when the duration of engagement is uncertain. The agreement includes crucial elements such as GST compliance, TDS requirements, and professional service regulations under Indian law. It protects both parties by clearly defining the consulting relationship, payment terms, deliverables, and intellectual property rights while maintaining the independent contractor status of the consultant.

What sections should be included in a Hourly Consulting Agreement?

1. Parties: Identification of the contracting parties - the client and the consultant, including their legal names, addresses, and registration details if applicable

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

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

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

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

6. Fees and Payment Terms: Hourly rate, payment schedule, invoicing requirements, and applicable taxes

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

8. Client's Obligations: Responsibilities of the client, including provision of necessary information and resources

9. Intellectual Property Rights: Ownership and rights related to work products and pre-existing IP

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Independent Contractor Status: Clear statement of consultant's status as an independent contractor

12. Representations and Warranties: Standard warranties about capability and authority to enter into the agreement

13. Limitation of Liability: Limits on liability and indemnification provisions

14. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Hourly Consulting Agreement?

1. Non-Compete: Restrictions on consultant's ability to work with competitors - include when protecting market position is crucial

2. Non-Solicitation: Restrictions on soliciting employees or clients - include when protecting business relationships is important

3. Insurance: Requirements for professional liability insurance - include for high-risk or regulated industries

4. Compliance with Laws: Specific regulatory compliance obligations - include when operating in regulated industries

5. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved

6. Dispute Resolution: Specific procedures for resolving disputes - include when parties prefer arbitration or mediation

7. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved

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

What schedules should be included in a Hourly Consulting Agreement?

1. Schedule A - Service Description: Detailed scope of work, deliverables, and specific requirements

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

3. Schedule C - Time Recording and Invoicing Requirements: Specific requirements for time tracking and invoice submission

4. Schedule D - Key Personnel: List of key consultant personnel assigned to the project

5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements

6. Appendix 2 - Compliance Requirements: Specific regulatory or client compliance requirements

7. Appendix 3 - Approved Expenses: List of pre-approved expenses and reimbursement procedures

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

Jurisdiction

India

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




































Clauses






































Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Education

Manufacturing

Real Estate

Professional Services

Engineering

Retail

Telecommunications

Environmental Services

Human Resources

Marketing and Advertising

Legal Services

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Compliance

Project Management Office

Vendor Management

Contract Administration

Business Development

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Head of Procurement

Legal Counsel

Procurement Manager

Contract Manager

Project Manager

Human Resources Director

Department Head

Operations Manager

Finance Manager

Compliance Officer

Business Unit Director

Vendor Management Specialist

Resource Planning Manager

Industries








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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