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Fixed Fee Agreement Template for India

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Key Requirements PROMPT example:

Fixed Fee Agreement

"I need a Fixed Fee Agreement for IT consulting services to be provided by my software development company to a retail client, including software development and maintenance services for a 12-month period starting March 1, 2025, with quarterly payment milestones."

Document background
The Fixed Fee Agreement is essential for businesses and professionals in India who provide services with clearly defined scope and deliverables. This document type is particularly valuable when parties want to establish price certainty and avoid the complications of time-based billing. It's commonly used in professional services, consulting, and project-based work where the scope can be clearly defined upfront. The agreement must comply with Indian contract law, including the Indian Contract Act, 1872, and incorporate necessary GST provisions. It typically includes detailed service specifications, payment milestones, and delivery schedules, making it suitable for both one-time projects and recurring service arrangements where fixed pricing is preferred.
Suggested Sections

1. Parties: Identification and details of the service provider and client, including registered addresses and company registration numbers

2. Background: Context of the agreement and brief description of why the parties are entering into this arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided under the fixed fee arrangement

5. Fee and Payment Terms: Fixed fee amount, payment schedule, invoicing requirements, and GST implications

6. Term and Timeline: Duration of the agreement and key delivery milestones

7. Obligations of Service Provider: Key responsibilities and commitments of the service provider

8. Obligations of Client: Key responsibilities and commitments of the client

9. Confidentiality: Provisions for handling confidential information shared during the service delivery

10. Termination: Conditions and process for ending the agreement

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. Force Majeure: Provisions for handling unforeseen circumstances affecting performance

13. Notices: Process and addresses for formal communications between parties

Optional Sections

1. Intellectual Property Rights: Include when the services involve creation of intellectual property or use of existing IP

2. Non-Compete: Include when there are concerns about competition or client solicitation

3. Change Control: Include for projects where scope changes might be anticipated

4. Insurance: Include when specific insurance coverage is required for the services

5. Data Protection: Include when personal data processing is involved

6. Warranties and Indemnities: Include for high-value or high-risk services

7. Assignment and Subcontracting: Include when there's a possibility of involving third parties

8. Service Level Agreement: Include when specific performance metrics need to be maintained

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and specifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of the fixed fee, payment milestones, and any additional cost provisions

3. Schedule 3 - Timeline and Deliverables: Detailed project timeline, milestones, and delivery schedule

4. Schedule 4 - Key Personnel: List of key team members and their roles (if applicable)

5. Schedule 5 - Service Levels: Detailed service level requirements and measurements (if applicable)

6. Appendix A - Communication Protocol: Guidelines for project communication and reporting

7. Appendix B - Technical Requirements: Technical specifications or requirements (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Information Technology

Professional Services

Management Consulting

Engineering

Architecture

Design Services

Marketing and Advertising

Legal Services

Financial Services

Construction

Education and Training

Relevant Teams

Legal

Finance

Procurement

Operations

Project Management

Commercial

Sales

Business Development

Compliance

Contract Administration

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Project Manager

Finance Director

Chief Financial Officer

Business Development Manager

Operations Manager

Procurement Manager

Account Manager

Sales Director

Department Head

Commercial Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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