Consultancy Agreement

This Packet Includes:

1. Description and Instructions for Consultancy Agreement

2. Consultancy Agreement for use in India

Description and Instructions

Consultancy 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 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 contract term has expired the relationship will end.

This agreement is drawn in general terms without specific reference to any industry. This Agreement is useful for   consultants or self-employed persons in any field, or clients requiring a consultant.

Some of the important provisions of this Agreement are:

         Appropriate legal provisions - warranties, indemnities, etc.

         Consultant’s obligations

         Consultant’s status

         Consultant’s fees and expenses

         Duration and termination

         Matters after termination

         Consultant’s background technology

         Confidentiality

         Intellectual property protection and ownership

Note: Payments for Consultants rendering professional consulting services such as legal, accounting, medical, technical and IT consultancy etc. and payments for contractors and sub contractors are liable for deductions of tax at source in accordance to the Income Tax Act Section 194J and 194C respectively. New TDS (Tax Deduction at Source) rates are applicable with effect from October 2009. Please seek independent legal and accounting advice before entering into this Agreement.

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