LawDepot’s Consulting Agreement template is customised for your state or territory. It prompts you to include all the essential details for a valid contract, including the following
Services
Consultants can provide a range of services, depending on their specialty. An agreement must specify what the consultant will do for the client and include any deliverables or deadlines that may be involved with their work. For example, a consultant may be hired to provide any of the following specialty-specific services:
Consulting specialty |
Service examples |
Management |
- Strategy development
- Organisational restructuring
- Performance practice and improvements
|
Information technology (IT) |
- Strategy development
- Cybersecurity and risk management
- Software development and emerging technology
|
Human resources (HR) |
- Talent acquisition and management training
- Employee training and policy development
- Payment, payroll solutions, and benefits
|
Finance |
- Planning and analysis
- Risk management and investments
- Crisis management and recovery
- Tax compliance and return assistance
|
Marketing |
- Market research and analysis
- Brand strategy and development
- Digital marketing strategizing
- Search engine optimization (SEO), pay-per-click (PPC) guidance, and analytics
|
Providing concise service details will help hold a consultant accountable for their work and provide evidence if any disputes about their service occur in the future.
Payment details
Outlining the negotiated rates for a consultant is crucial in an agreement. These details hold clients accountable for providing the correct compensation at the right time. Details may include:
- Fees (e.g., flat fee or hourly rates)
- A retainer
- Time or frequency of invoicing
- Contractual interest
- Superannuation guarantee contributions
An agreement can further detail any work expenses the client will reimburse the consultant.
Timelines and termination clauses
The term of a Consulting Agreement can be defined in a number of different ways. The term can be for:
- A single project - until the job is done
- A fixed period of time with start and end dates
- An indefinite period for ongoing services
If both parties agree to a termination clause, it must be included in the agreement. This clause outlines how much notice must be provided to terminate the contract.
Notice periods allow a party to exit the agreement without breaching the contract. In addition, a notice period allows the other party to resolve any issues that may have caused the terminating party to take these steps.
If the service contract does not adequately provide for termination, this can be remedied using a Termination Agreement.
Confidentiality clause
Consultants may need access to a client’s confidential details to fulfill their services. For example, an accountant (i.e., the consultant) might be asked to advise a small business on their spending. They’ll need to see the client’s books to better guide them in adjusting their budget and plans for financial success.
A confidentiality clause is essential in a Consulting Agreement so the consultant can receive information that is considered trade secrets or existing intellectual property (IP). This clause creates terms for using this private information and gives clients peace of mind their data is secure with the consultant.
Intellectual property clause
A Consulting Agreement can determine who owns the rights to any intellectual property created during the contracted period based on the negotiations between the parties. This can include any generated plans, creative works, and materials a consultant develops for the client.
A contract can outline either of the following options:
- The client receives complete ownership of all the materials produced
- The consultant retains all ownership of the materials generated
Whichever party doesn’t retain the rights to the intellectual property will only have limited use and access to these materials in the future.
For more information about intellectual property, consult IP Australia.
Additional clauses
Consulting Agreements can include additional clauses that are applicable to the services being provided.
LawDepot’s Consulting Agreement allows you to include additional clauses that may apply to your agreement.