Consultancy Agreement
A consultant agreement is a legal document that comes into play whenever any company appoints an outside or external consultancy firm or consultant. The company may choose to employ these consultants for the short-term as a part of a specific program or project. Rather than hiring such people for substantial time frames, the company seeks external experts who have in-depth knowledge in that area. In such instances, when the nature of employment is contractual, it is always better to sign a consultant agreement. It works as a legal proof that validates that the company and the consultant got into an agreement based on some initial criteria. Doing so will prevent any mishaps from taking place further down the line.
When is a Consultant Agreement Required?
A Consultant Agreement for services becomes necessary whenever a company or firm employs consultants or any project. Firms or companies might take up work in a domain or field that is not very familiar to them. In such cases, rather than employing many people who are experts in that field, companies prefer to take the help of a consultancy agency. Such consultants have unique and focused knowledge in an area and can help the firm for short-term projects. Not only does this help the company cut long-term costs, but it also enables them to work on more varied projects. In such cases, to ensure that the best interests of both parties are met, they may enter into a consultant agreement. Such a consultant agreement for services provides that there is no miscommunication or cheating from either side, as it binds both parties via a legal document.
Who is Involved in a Consultant Agreement?
The consultant agreement is primarily made between the company and the consultant or consultancy firm in question. The agreement concerns itself with the work being done, length of employment, payment and salary concerns, and also other terms and conditions. Since the consultant agreement for services contains information regarding the task at hand, it involves both the employer and the consultant. In many ways, a consultant agreement is a type of service agreement.
What are the elements of a Consultant Agreement?
Here's a look at the significant elements of a consultant agreement.
- Scope of work: The consultant agreement for service must specify all the duties, obligations, responsibilities, and functions that the consultant needs to perform. While the method of his working might not be defined, everything expected of the consultant must be mentioned. Therefore, the employer, in most cases gives the consultant the freedom to work as per their comfort.
- Term:The Term sub-clause mentions a period within which the company will require services from the consultant. The term also helps the consultant know just how long they are expected to contribute to a project. Sometimes it is quantified in years or in project completion time.
- Payment terms:The payment terms usually include all the details regarding compensation that the consultant will receive from the company. It will also specify how the company will pay the consultant, which payment method they will use, and whether the consultant will receive extra allowances.
- Confidentiality:In some instances, the work that the company has for the consultation will be secretive. Therefore, they will add a Confidentiality clause in the consultant agreement to make sure that all the data they share remains private. Such a provision ensures that the consultant will not make confidential data public, thereby causing harm to the company.
- Termination:The termination clause explains all the situations under which the company can terminate the consultant's employment. It will also mention how much notice will be given and even under what circumstances the consultant can leave the job mid-way.
- Noncompetition -Such a section details how long the consultant must wait before engaging in such services with other competitors of the company. It specifies that during a stipulated term, the consultant will not engage with competing companies in any way.
- Nonsolicitation -The non-solicitation clause ensures that the consultant does not attempt to solicit any customers from the parent company after the end of the project. Furthermore, when extended to employees, the clause ensures that the consultant will not in any way, recruit or induce, any of the company's employees.
- Indemnification -Such a clause protects the consultant from lawsuits of any kind due to the Client's business.
General Definitions Related to a Consultant Agreement for Services
- Client refers to the organization/company/firm/employer who or which is hiring you, and with whom you are entering into the Consultant Agreement
- Confidential information applies to any private information owned by the Client which the consultant has access to and which must be kept private. In most cases, it includes product specifications, formulae, models, records, business strategies, pricing information, and client data.
- Force Majeure refers to any cause or event beyond the party's control which might have an impact on the deal. This includes acts of God, war, riots, fires, accidents, and restrictions by governmental authority.
What to Consider Before Signing a Consultant Agreement
- Make sure you go through the consultant agreement for services and rectify any mistakes and clarify all your doubts. Have your lawyer go through the contract and explain every clause to you so that you understand it completely. You must make sure that the agreement is well interpreted so that both you and the company share the same expectations concerning your work.
- Do not just assume that the company will be upset or annoyed if you raise concerns over individual sections or clauses in the agreement. Such fear should not stop you from speaking out your mind regarding things you are not comfortable within the contract. All companies know how negotiations work and will not have issues going over the clauses with you if you ask for help.
- Use the consultant agreement to define your relationship with the firm, and so make sure you get things right. Not only will this prevent any disputes in the future, but it will also make the process a lot smoother and fruitful for both.
- In case you work for a consultancy firm, make sure the agreement does not violate any of your employer's policies. Since most institutions have policies regarding conflict of interest or commitment, make sure your contract does not put any of those policies under fire.
- Also, go through the confidentiality clause and make sure you understand what is expected of you. Similarly, make sure the agreement protects your rights and Internet Privacy and data concerns.
- Get help from a lawyer in case you don't understand all the terms in the contract. It is always better to clear things as they arise, rather than mess up in the end. Furthermore, there might be issues that you don't even understand in the agreement that an experienced lawyer can raise. This, in turn, will help you protect your best interests efficiently.
Documents required for Consultancy Agreement
In India,Consultancy Agreement cannot be done without proper identity and address proof. These documents will be needed for all the directors and the shareholders of the company to be incorporated. Listed below are the documents that are accepted by MCA for the online company registration process acceptable.
Identity And Address Proof
- Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
- Scanned copy of Voter’s ID/Passport/Driver’s License
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned passport-sized photograph specimen signature (blank document with signature [directors only])
For the foreign nationals, an apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.
Registered Office Proof
For online company registration in India, the company must have a registered office in India. To prove admittance to the registered office, a recent copy of an electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/his consent to use the office as a registered office of the company should be submitted.
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned copy of Notarized rental agreement in English
- Scanned copy of No-objection certificate from the property owner
- Scanned copy of sale deed/property deed in English (in case of owned property)
Note: Your registered office need not be a commercial space; it can be your residence too.
