Commercial and services contracts · 02
Consultancy or professional services agreement
Engages a professional for a defined piece of work, as distinct from a continuing supply or an employment relationship.
Engages a professional for a defined piece of work, as distinct from a continuing supply or an employment relationship.
Scope and deliverables; the fee basis — fixed, capped or rate — and what is expressly out of scope; client dependencies without which time stops running; intellectual property, separating what the client owns from the templates the adviser keeps; confidentiality; professional indemnity cover and the liability cap; and an express statement of the nature of the service.
For an advisory business the most important clause is the one saying what the service is not — not legal representation, no reserved legal work, and the client remains responsible for its own statutory decisions. Second: “out of scope” must be written as a procedure — quoted and approved in writing before it starts — not as a sentence of intent, or scope creep is free.
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