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............... SIGNED for and on behalf of The Consultant .......................................................... Consultancy Agreement 6 ce. A S W I T N E S S whereof the parties hereto have signed this Agreement the day and year first before written. SIGNED for and on behalf of The Company ...........................................y the President for the time being of the Chartered Institution of Arbitrators in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it for the time being in for 5 any way connected with or arising out of the subject matter of this agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated bching or concerning this agreement or its construction or effect or the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in Consultancy Agreement s of Third Parties) Act 1999 to enforce any terms of this agreement. 13. ARBITRATION All disputes or differences which at any time arise between the parties whether during the Term or afterwards tout the consent in writing of the Company (such consent not to be unreasonably withheld). 12.8 Third party rights A person who is not a party to this agreement has no rights under the Contracts (Rightpenses incurred by it in connection with this agreement. 12.7 No assignment or sub-contracting The Consultant shall not assign or sub-contract any of his rights or duties under this agreement withouthis agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement. 12.6 Costs Each of the parties shall pay any costs and exive expiry or termination of this agreement unless expressly provided. 12.5 Waiver The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of arties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it. 12.4 Survival of terms No term shall survod of service be served on any party in accordance with clause 12.1. 12.2.4 12.3 Rights cumulative All rights granted to either of the parties shall be cumulative and no exercise by either of the pother jurisdiction he may consider appropriate. Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other meth.2.2 Consultancy Agreement 4 12.2.3 The submission by the parties to such jurisdiction shall not limit the right of the Consultant to commence any proceedings arising out of this agreement in any on and shall be deemed to have been made in England. Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England and Wales. 12t party shall have previously notified to the sender. 12.2 Proper law and jurisdiction 12.2.1 This agreement shall be governed by English law in every particular including formation and interpretatiass prepaid post or by hand by the end of the next business day. 12.1.4 Each notice shall be addressed to the address of the party concerned set out in this agreement or to such other address as thal business hours then at the time of transmission and if sent outside normal business hours then on the next following business day provided (in each case) that a confirmatory copy is sent by first clmail, 7 business days (being business days in the place to which the notice is dispatched) after the date of dispatch; and in the case of a telex, cable or facsimile transmission, if sent during normared personally, at the time of delivery; in the case of a notice sent inland by first class prepaid post, 2 clear business days after the date of dispatch; in the case of a notice sent overseas by airbe delivered personally or sent by first class or airmail prepaid post or by telex, cable or facsimile transmission and shall be deemed duly served: 12.1.1 12.1.2 12.1.3 in the case of a notice delivewithout prejudice to any rights which have already accrued to either of the parties. 12. 12.1 MISCELLANEOUS Notices All notices to be given under this agreement shall be in writing and shall either work. SUPERSEDES PRIOR AGREEMENTS This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but his work performed by him under this agreement. Consultancy Agreement 3 10.3 11. The Consultant shall not be subject to directions from the Company as to the manner in which he shall perform his ll bear exclusive responsibility for the payment of his national insurance contributions as a self-employed person and for discharge of any income tax and VAT liability arising out of remuneration for of such termination. 10. 10.1 10.2 STATUS OF THE CONSULTANT During the Term the Consultant shall be an independent contractor and not the servant of the Company. In such capacity the Consultant shacompany for a period of not less than the unexpired part of the Term and on terms not less favourable than the terms of this agreement the Consultant shall have no claim against the Company in respectrpose of amalgamation or reconstruction or as part of any arrangement for amalgamation not involving winding up and the Consultant shall be offered an engagement with the amalgamated or reconstructed r his control. 8. 9. AMALGAMATION OR RECONSTRUCTION OF THE COMPANY If before the end of the Term the engagement of the Consultant is terminated by reason of the winding up of the Company for the puupon the termination of his engagement immediately deliver up to the Company all correspondence documents specification papers and property belonging to the Company which are in his possession or undewith creditors or being a company the Company's liquidation (other than a members' voluntary liquidation). DELIVERY UP OF DOCUMENTS ON TERMINATION The Consultant or his personal representatives shall ilure on the part of the Consultant to observe any obligation under this agreement. The levying of any distress or execution against the Company or the making by him of any composition or arrangement ties of the parties shall hereafter be determined: 7. 7.1 7.2 7.3 Failure on the part of the Company to make punctual payment of all sums due to the Consultant under the terms of this agreement. FaTION The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately, and the rights and liabili.1 Consultancy Agreement 2 6.2 The Consultant shall not permit any person to assist in the provision of the services under this agreement unless that person has signed such an undertaking. TERMINAonsultant shall not at any time during or after the Term divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the Company. 5. 5.1 5.2 6. 6eement unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums. SECRECY The Cthe performance of his duties under this agreement provided that the Company may require any such expenses to be duly vouched by written evidence where procurable.] VAT All sums payable under this agrg regard to the services rendered by the Consultant]. 3.2 4. 4.1 4.1.2 4.2 [The Company shall reimburse to the Consultant all reasonable travelling and other expenses properly incurred by him in ch June September and December] commencing [with a proportionate payment] on ________________________[date] [;and] [Such additional sums (if any) as are from time to time determined by the Board havin1.1 [A fee of £......................... [per month] [(variable upwards at the discretion of the Board)] payable [monthly on the last day of every calendar month [or]quarterly on the first days of Mar particular proposed duties and functions]. THE COMPANY'S OBLIGATIONS In consideration of the services to be rendered by the Consultant under this agreement the Company shall pay to the Consultant: 4.similar or any other capacity for any other person firm or company. To advise and assist the Company as required in all branches of its business [including but not limited to [set out the Consultant's agreement shall [require the Consultant to devote to the business of the Company more than (number) hours in any one calendar month or] (subject to clause 6) preclude the Consultant from acting in a ilities to the Company's business as [is necessary for the proper exercise of his duties as consultant (or) the Consultant deems necessary (or) the Board deems necessary] but nothing contained in this for the Term. 1.3 2. 2.1 Consultancy Agreement 1 3. 3.1 THE CONSULTANT'S OBLIGATIONS During the Term the Consultant shall unless prevented by ill-health devote such of his time attention and abder throughout this agreement shall include all genders and the plural and the successor in title to the parties. APPOINTMENT The Company engages the Consultant as consultant of the Company's businesshe meaning of the clauses to which they relate. All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular genccordance with clause 7. 1.2 Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of tagreement]; means the provisions contained in clauses 3 to 13 below; means from the Commencement Date until terminated by either party on giving [ ] months written notice or otherwise determined in ashall have the following meanings for the purposes of this agreement: "Board" "Commencement Date" "Conditions" "Term" means the Company; Board of Directors [the date of of the the means ____________ egistered in England and Wales under number [ ] whose registered office is situate at _______________________________________________ [Address] (the "Company"). 1. DEFINITIONS 1.1 The following terms consultant or corporate name) of___________________________ _______________________________ (address) (the "Consultant"), and (2) _______________________________________[Name of Company] (a company r" found at findlegalforms.com. Consultancy Agreement 2 CONSULTANCY AGREEMENT THIS AGREEMENT is made the day of 200 B E T W E E N: (1) __________________________________________(name of businessTHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. The use of these materials is subject to the "Terms and ConditionsSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHELL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONS NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WIrney/solicitor should be consulted for all serious legal matters. No Attorney-Client / Solicitor-Client relationship is created by use of these materials. THESE MATERIALS ARE PROVIDED "AS-IS." FLF DOEForms, Inc. ("FLF") is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only an attorney / solicitor can provide legal advice. An attofor the company to pay the consultant's business expenses on presentation of valid receipts. If this is not required then delete this clause. Clause 3.2 Clause 4.1 Clause 4.2 DISCLAIMER: FindLegal try and be as detailed as possible as to what the consultant will do. This clause deals with the fees to be paid to the consultant and should be carefully agreed by the parties. This clause provides iate clause for your situation and delete the remaining suggestions. Insert here details of the service to be provided by the consultant to the company. If you need to specific about the services thenotice either party has to give to the other to terminate the agreement. Clause 3.1 This clause sets out the how much work the Consultant will need to undertake perform his duties. Choose the approprhe date when the agreement is signed. If it is the same date then use the appropriate wording in the agreement. In the section that says "Term" you will have to insert the number of months (or days) nement. Clause 1.1 In the section that says "Commencement Date" the parties will need to insert the date when the consultancy services to be provided under the agreement will start. This might not be t basis that the Consultant is an individual person and the business engaging the Consultant is a company. If this is not the case then just change the party as appropriate at the beginning of the agrewith all our agreements we use plain and simple language that is easy to understand and we would like to draw to your attention the following points: The Parties This agreement has been drafted on theormation and/or pick and delete the appropriate clauses. Once you have done this then please delete the square brackets. Your agreement should contain no square brackets in it once it is finished. As Within the agreement you will see blank square brackets or words contained within square brackets. The square brackets denote an instruction to you and you will either have to fill in the missing infresses all the above points. Note that the agreement is a general consultancy agreement and the parties will need to insert the specific services to be provided by the Consultant if this is important.tract; the price to be paid for the service and when payment must be made; where the service is to be carried out; and the expenses policy. Our agreement is a standard Consultancy Agreement which addtract term has expired the relationship will end. The Consultancy Agreement sets out, amongst other things, the following: · · · · · the service to be provided by the Consultant; the length of the con the consultant will be an employee of the company and this agreement sets that out clearly. The Consultant will provide the specific service to the business for the term of the business. Once the conCONSULTANCY AGREEMENT Consultancy Agreements are entered into when a business wishes to engage a contractor to provide a specific service to them (e.g. a computer consultant). It is not intended that