Many companies turn to outside consultants for additional, expert help as needed. Like any other commercial agreement, both the consultant and the client sign a contract that defines the details of the agreement. While there are several elements in a contract, some key elements of a consulting contract are essential to ensure that both the client and the consultant benefit from the business relationship. The description of the contract is an important part of the agreement as it outlines the scope of the project and its purpose.
This section usually answers questions such as what work the consultant will do, what the company wants, and what problem needs to be solved. It also outlines the method used by the consultant to address the needs of the company. The schedule element of a consulting contract is also essential as it details the project deadline and any agreed deadlines for completing key deliverables or tasks. This element also addresses any repercussions of any delay in work by the consultant and details when the project will be recognized as completed and what criteria must be met for acceptance. The consultant's fees are another important element of a consulting contract as it details all relevant information about payment, such as the amount and form of payment, any opportunities for incentives or bonuses, charging base, budgetary restrictions, definition of expenses, and whether an advance, fixed fee, hourly rate, daily rate, or fee depending on completion is charged. The warranty element is also essential as it details any warranty given by the consultant to the client in connection with their work. This section also details any costs associated with this warranty. The confidentiality clause is another important element of a consulting contract as it details confidentiality terms that must be respected by both parties.
This clause is essential since consultants can learn a client's trade secrets while working for them. The cancellation conditions detail what actions are necessary for either party to cancel their contract, as well as any penalties that may be faced if either party cancels it. This information includes notification requirements, cancellation fees, and cancellation mechanisms. You can find a standard legal text online to get started as a basis for your consulting agreement. If you choose to use a template, make sure you understand what each clause means so as not to inadvertently accept unfavorable contract terms. Consider adjusting an existing template to create a custom form that you can use for future consulting needs.
You can also hire an expert to draft a customized legal contract for you. For B2B representatives and sales teams who want to turn completely strangers into paying customers, it is important to set clear expectations about what services will be provided by their consultants. The term 'scope of work' refers to a detailed description of exactly what services are expected from them. It is a protective measure that holds consultants accountable for their performance and whether they have kept their end of the deal when their term covered by their agreement ends. Consulting agreements also often include expectations about how long both parties will be committed to each other. Similar to setting scope of work, setting firm time restrictions holds consultants accountable for their responsibilities and helps guide more efficient and effective work.
In most cases, this section will be established in months or years. For legal purposes, it is important that consulting agreements clarify that consultants will operate as independent contractors. Practically every project in which a company hires a consultant must be shaped and guided by a consulting agreement. Some consulting agreements include non-compete or non-solicitation clauses that prevent consultants from interacting with other companies in their client's market or soliciting employees from their client's company respectively for duration of their agreement. A consultant is an outside professional who provides experience and advice to improve a company's operations in some way.
Not all consulting agreements need all these sections but they provide a solid overview of what type of information is needed to secure a contract with a consultant. If you don't set clear conditions for your consulting agreement then you may find yourself in an unfavorable situation down the line. Make sure you understand all clauses before signing off on your agreement so you can ensure that both parties benefit from this business relationship.
