We assist in drafting consultancy agreements and service agreements that clarify the responsibilities and rights of the parties involved, also taking intellectual property rights into consideration.
Consultancy and service agreements define the responsibilities, obligations, rights, and expectations of the parties during the consultation or service engagement. Examples of typical consultancy and service agreements where the agreement on intellectual property rights is central include business consulting, IT consulting, HR consulting, marketing consulting, marketing campaign planning and execution, strategic consulting, website development, design and implementation, supply chain consulting, and content production.
Consultancy agreement
A consultancy agreement is a contract that defines the relationship between a consultant and a client. In this relationship, the consultant provides expertise, skills, and services in a specific area or for specific tasks on behalf of the client. In a consultancy agreement, the consultant typically acts as an expert, offering advice or carrying out a specific task or project, but the client (principal) usually participates in decision-making and controls the final outcome. Therefore, the consultant generally does not assume full responsibility for the project, as the client is involved in decision-making.
Service agreement
In a service agreement, one party, often referred to as the "principal," hires another party, the "contractor," to perform a specific task or project. The service agreement often transfers all authority and responsibility for project-related decisions to the contractor, with the principal only expecting the final outcome.
Service agreements are widely used across various industries and situations where specific expertise, services, or work is required for a limited time or to complete a particular task. The agreement defines the responsibilities, rights, scope of work, timelines, and compensation for the parties, helping to ensure that the work is performed as agreed and on schedule. In service agreements for creative services such as graphic design, content production, photography or video production, software development, and advertising, agreeing on the ownership of intellectual property rights is especially important.
Typically, consultancy and service agreements cover at least the following aspects:
- Parties: Identifies the parties involved.
- Subject of the Agreement: Defines the consulting/service engagement, including its purpose, scope, and timeline.
- Duration: Specifies the term of the agreement and its termination.
- Payment Terms: Outlines the price and payment conditions.
- Obligations and Responsibilities: Specifies the duties, responsibilities, and obligations of the consultant/contractor and the client.
- Liability Limitations and Indemnity: Defines the limitations of the consultant's liability and indemnification responsibilities.
- Amendment of the Agreement: Establishes mechanisms for reviewing and amending the agreement.
- Confidentiality: Identifies confidential information and how it should be handled.
- Information Sharing: Specifies the terms for exchanging information and documents between the consultant/contractor and the client.
- Intellectual Property Rights: Agrees on the ownership of materials produced by the consultant/contractor.
- Assignment of the Agreement: Sets the conditions under which a party to the agreement may assign the contract to a third party.
- Termination of the Agreement: Establishes procedures for terminating the agreement and subsequent obligations.