IT consultancy contract: client version

About this IT consultancy contract

This document is suitable for any organisation in any business. This consultancy contract is for use by a business or any other organisation to take on an IT consultant. It is drawn with a view to the consultant being a company, large or small. It is drawn with a view to a tough line to favour the client in every area. Of course your industry sector affects the work you want to instruct your IT consultant to do. But this is a legal document, not a specification for work. This contract is for a client to present to his consultant. See below for alternative consultancy contracts. It may be edited either by you before you submit it , or in negotiation with your consultant. It is drawn to protect you, the client, but should also be acceptable to your consultant.

The size of the IT consultant organisation is not really relevant. But we take the view that if anything goes wrong with a major consultancy contract it will have more serious consequences than a contract with a professor at your local university. It is easy to lighten the contract if you do not want to be so hard on your consultant.

This is an “umbrella” contract, set up for the possibility of future assignments under the same terms. That way, if you want more work from the same consultant, all you have to do is define it and refer to this agreement. Even if you expect never to re-employ, you do not have to delete anything on that account.

This IT consultancy contract is not very different from our other consultant contracts. The differences are related to our assumption that your business requires a higher level of intellectual property protection than most, together with better control for you, the client, over matters related to work conditions and security.

The IT consultancy contract provides for the specification of work to be placed in a schedule to this agreement on the first time it is used. All later assignments of work will automatically be subject to this contract.

There are options in several areas, notably contract summary, payment systems and working arrangements.

Key features

• Ease of use (as always with Net Lawman documents)
• Thorough coverage of legal areas
• Practical, alternative business provisions
• No requirement for you be your own lawyer

The law in this consultant’s agreement

There is little statute law in this consultancy agreement. It depends on basic contract law and tort. However, the structure and the contents of the agreement reflect the latest thinking on what is needed to protect a business from theft of its intellectual property.

Alternatives to this IT consultant’s agreement

Net Lawman publishes three types of consultancy contract:

• for a corporate consultancy to offer to its client
• for a single consultant working alone or with colleagues or sub-contractors
• for the client of a consultant to offer to a consultant, to protect his own interest. (this contract)

Each of these three is available in three versions:

• for IT consultants,
• for HR consultants,
• and for any other.

The IT and HR versions contain more provisions relating to aspects of IT and HR, but the legal framework is the same in all.

You can see the full selection at Consultancy agreements.

Contents of this agreement

• Definitions and interpretation
• Preliminary legal matters
• Consultant to avoid conflicts of interest
• Consultant's status and obligations
• Work management procedure
• Consultant’s fees and expenses
• Option for use of sub-contractors by consultant
• Consultant’s work for other clients
• No competition
• Confidentiality
• Intellectual property
• Who owns new intellectual property
• Duration and termination
• Mutual indemnities
• Other legal provisions
• Publicity / Announcements
• Miscellaneous matters
• over 2,500 words of helpful and informative drafting notes