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Standard Consulting Agreement for Philippines

Standard Consulting Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes a professional consulting relationship between a service provider (consultant) and a client. This document outlines the terms and conditions of the consulting engagement, including scope of services, compensation, confidentiality obligations, intellectual property rights, and compliance with local regulations. It incorporates specific provisions required under Philippine law, including those from the Civil Code, Labor Code, and relevant tax regulations, while maintaining the independent contractor status of the consultant.

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Standard Consulting Agreement

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What is a Standard Consulting Agreement?

The Standard Consulting Agreement is designed for use in the Philippine business environment where organizations require external expertise or specialized services on a contractual basis. This document serves as a comprehensive framework for engaging consultants while ensuring compliance with Philippine laws and regulations. It is particularly relevant in today's business landscape where companies increasingly rely on external expertise for various projects and initiatives. The agreement carefully addresses key aspects of the consulting relationship, including scope definition, payment terms, confidentiality, and intellectual property rights, while maintaining clear distinctions between independent contractors and employees as per Philippine Labor Code requirements. This template is structured to accommodate both individual consultants and consulting firms, providing flexibility for various business arrangements while ensuring proper legal protections for all parties involved.

What sections should be included in a Standard Consulting Agreement?

1. Parties: Identification of the consultant and the client, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the client's needs and consultant's expertise

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: Compensation structure, payment schedule, and reimbursement terms

7. Obligations of the Consultant: Consultant's duties, responsibilities, and performance standards

8. Obligations of the Client: Client's responsibilities, including provision of information and resources

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

10. Confidentiality: Protection of confidential information and trade secrets

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

12. Representations and Warranties: Assertions about capabilities, qualifications, and legal compliance

13. Limitation of Liability: Boundaries of liability and indemnification provisions

14. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

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

1. Non-Compete: Restrictions on competing activities, used when consultant will have access to sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting employees or clients, included when there's significant client contact

3. Insurance Requirements: Specific insurance coverage requirements, needed for high-risk consulting work

4. Data Protection: Detailed data handling procedures, required when personal or sensitive data processing is involved

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term engagements

6. Compliance with Anti-Corruption Laws: Specific anti-corruption provisions, necessary for government-related work or high-risk sectors

7. Assignment and Subcontracting: Rules for transferring rights or using subcontractors, needed when team flexibility is required

What schedules should be included in a Standard Consulting Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment milestones

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

4. Schedule D - Client Materials and Resources: List of materials, access, and resources to be provided by the client

5. Schedule E - Service Levels: Performance metrics and service level requirements

6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and procedures

7. Appendix 2 - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Philippines

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions






























Clauses

































Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Real Estate

Education

Telecommunications

Business Process Outsourcing

Energy

Environmental Services

Professional Services

Construction

Retail

Agriculture

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Risk Management

Compliance

Contract Administration

Project Management Office

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Human Resources Director

Project Manager

Operations Director

Business Development Manager

Department Head

Risk Manager

Compliance Officer

Contract Administrator

Managing Director

Finance Manager

General 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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