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Consultancy Agreement Between Company And Individual Template for Philippines

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Key Requirements PROMPT example:

Consultancy Agreement Between Company And Individual

"I need a Consultancy Agreement Between Company And Individual for hiring an IT security consultant who will work remotely from Manila, starting March 1, 2025, with strict confidentiality provisions and clear IP ownership terms for any security protocols developed."

Document background
The Consultancy Agreement Between Company And Individual is a crucial legal document used when businesses in the Philippines need to engage external expertise while maintaining a clear independent contractor relationship. This agreement is essential for companies seeking specialized skills or temporary professional assistance without creating an employer-employee relationship. It complies with Philippine legislation, including the Civil Code (Republic Act No. 386), Labor Code, and tax regulations, while addressing key aspects such as scope of work, compensation, intellectual property rights, and confidentiality. The document is particularly relevant in today's dynamic business environment where companies increasingly rely on flexible, project-based professional relationships. It provides necessary legal protections for both parties while ensuring clarity in terms of deliverables, payment structures, and professional obligations.
Suggested Sections

1. Parties: Identifies the contracting company and individual consultant, including complete legal names and addresses

2. Background: Outlines the context of the agreement, company's need for services, and consultant's expertise

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the consultant's appointment and details the services to be provided

5. Term and Duration: Specifies the duration of the agreement and any renewal provisions

6. Consultant's Obligations: Details the consultant's duties, responsibilities, and performance standards

7. Company's Obligations: Outlines the company's responsibilities, including provision of necessary information and resources

8. Fees and Payment Terms: Specifies consultation fees, payment schedule, expenses, and tax responsibilities

9. Independent Contractor Status: Clearly establishes the consultant's status as an independent contractor, not an employee

10. Intellectual Property Rights: Addresses ownership and rights to work products created during the consultancy

11. Confidentiality: Defines confidential information and obligations to maintain confidentiality

12. Data Protection: Ensures compliance with Philippine Data Privacy Act requirements

13. Termination: Details grounds and procedures for terminating the agreement

14. Post-Termination Obligations: Specifies obligations that survive after agreement termination

15. General Provisions: Includes standard clauses like notices, amendments, governing law, and dispute resolution

Optional Sections

1. Non-Competition: Restricts consultant from competing activities - include when consultant will have access to sensitive competitive information

2. Non-Solicitation: Prevents solicitation of company's employees/clients - include for consultants with significant client/employee contact

3. Insurance: Requires consultant to maintain professional insurance - include for high-risk or regulated services

4. Performance Metrics: Establishes specific KPIs and evaluation criteria - include when deliverables are quantifiable

5. Force Majeure: Addresses unforeseen circumstances preventing performance - include for long-term or critical services

6. Assignment and Subcontracting: Controls ability to transfer rights or subcontract - include when personal service is essential

7. Equipment and Resources: Specifies who provides necessary tools and resources - include when significant resources are required

Suggested Schedules

1. Schedule A - Services Description: Detailed description of consulting services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment milestones, and expense categories

3. Schedule C - Key Personnel: List of key individuals involved in providing or receiving services

4. Schedule D - Service Levels: Specific performance standards and metrics if applicable

5. Appendix 1 - Confidential Information: Specific items or categories designated as confidential

6. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable

7. Appendix 3 - Company Policies: Relevant company policies consultant must comply with

Authors

Alex Denne

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

Relevant legal definitions























Clauses
































Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Education

Manufacturing

Real Estate

Construction

Energy

Telecommunications

Marketing and Advertising

Environmental Services

Professional Services

Research and Development

Engineering

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Project Management Office

Administration

Corporate Services

Risk Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Procurement Manager

Project Manager

Department Head

Operations Director

Finance Director

Business Unit Head

Managing Director

Contract Administrator

HR Manager

General Counsel

Chief Financial Officer

Chief Operating Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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