CONSULTANCY AGREEMENT.
This Agreement is made on ________________ between FP&A Consulting (herein
after referred to as the "Consultant") and _______________ (herein after referred to
as the "Client"). Together referred to as the parties.
WHEREAS the parties herein have agreed to be legally bound by the terms herein
from May 2 nd , 20XX (hereinafter referred to as the “Effective Date”).
1. Services.
The Consultant agrees to provide a workday Adaptive Planning implementation and
support services.
2. Compensation.
Throughout the Consultant’s engagement period and considering the services
performed herein, the Client will be billed for the time and the materials.
The agreed rate of the Consultancy is $190 per hour, which will be invoiced on the 1 st
and the 15 th day of every month.
The parties agree that any late payment will incur a 10% penalty.
3. Term of Agreement.
This Agreement shall be for an indefinite period unless otherwise terminated by
parties as described in this Agreement.
4. Expenses.
The Client agrees to reimburse the Consultant for all the travel expenses incurred
while performing services under this Agreement.
The Consultant shall supply the Client with an itemized statement on all the
expenses.
5. Confidentiality.
The Consultant acknowledges that during the performance of the services under this
Agreement, it will be necessary for the Client to disclose certain confidential
information to the Consultant, who agrees not to disclose or share any confidential
information to any third parties without written consent from the Client.
The confidentiality provisions contained within this Agreement shall remain in full
force and effect for a period after the termination of the Consultant’s services.
6. Warranties.
The Consultant warrants that the service provided herein shall be performed
professionally, conforming to the generally accepted industry standard.
7. Waiver.
Suppose either party fails to enforce any provision contained within this Agreement.
In that case, it shall not be construed as a waiver or limitation of that party’s right to
subsequently enforce and compel strict compliance with every provision of this
Agreement.
8. Relationship.
The Consultant is an independent contractor and shall not be deemed the Client’s
employee unless the same is agreed between the parties herein.
The parties agree that the Consultant is an independent contractor and is allowed to
take other professional business opportunities separate from this Agreement.
9. Termination.
Either party to this Agreement may elect to terminate the provisions by issuing a
thirty days’ written notice, clearly stating the reasons for the termination, which may
include but are not limited to the following reasons; –
i. A material breach of the terms herein.
ii. Failure to make the required payments.
iii. Failure to provide the necessary services
iv. Doing anything which is against the law.
10. Governing Law.
This Agreement’s provisions shall be interpreted and governed by the laws of
__________.
11. Assignment.
The services to be provided and the payments herein shall not be assigned to any
third parties without the other party’s written consent.
12. Dispute/Conflict Resolution Mechanism.
Any dispute, controversy, or claim arising out of or relating to this Agreement or the
interpretation, breach, or validity shall primarily be resolved through mediation; if it
fails, the same shall be referred to arbitration.
13. Entire Agreement.
This Agreement contains the complete and entire Agreement of both the Consultant
and the Client. There are no other promises or conditions, oral or written, outside this
Agreement, and this Agreement supersedes any prior written or oral agreements
between both parties.
14. Severability.
Should any provision contained within this Agreement be deemed invalid or
unenforceable, in part or whole, such invalidity or unenforceability will attach only to
the particular condition or part of this Agreement, while the remaining aspects of said
provision and all other provisions of this Agreement shall remain in full force and
effect.
15. Modification.
The provisions and terms may be modified only by writing signed by both parties.
IN WITNESS WHEREOF, the Consultant has hereunto set their hand, and the Client
has caused this instrument to be executed in its name and on its behalf; –
_______________________________________________
(The Consultant/ Duly Authorized Representative Signature)
____________________________________________
(The Consultant/ Duly Representative Name)
______________________________________________
(The Client/Duly Authorized Representative Signature)
______________________________________________
(The Client/Duly Authorized Representative Name)
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