Consulting Agreement

The consulting agreement is a specific agreement by which an independent consultant is engaged for a certain period to carry out a mission, generally as consultant or community manager, entrusted by a customer company. The consulting agreement or the consultant agreement is a document which ratifies the objectives and the methods of execution of the mission which was entrusted to the consultant by the customer. It thus fixes the legal framework of the relation between the consultant and the customer for the duration of the mission.

This consulting agreement is legally binding on both parties, so it is essential that it contains a good amount of specific information. This will avoid any confusion or misunderstanding between the parties. The following information is an example of what should be included:

Thanks to Themis Partner, you can finally benefit from legal protection in your consulting activity with our contract template. Thus, the following clauses have been added:

Services provided: Describe your consulting activity such as financial, accounting, human resources, legal, marketing, and other consulting services.
Consultant Fees: Determine your consulting fees and costs in this clause. Also include payment terms.
Expense Reimbursement: Ensure that the client reimburses you for all expenses incurred on their behalf in connection with your engagement.
Confidentiality: Protect the confidentiality of information that will be exchanged between you and the client.
Non-solicitation: Ensure that information about your employees, clients, partners, etc. is not used.
Non-competition: Once the mission of the consultant is completed, make sure that the parties do not compete in their respective activities.
Intellectual Property: The company using the Consultant will retain ownership of the information provided to the Consultant.
Termination: Provide for termination of the consulting agreement in the event of default by the parties.
Force Majeure: Non-performance of the consulting agreement may be excused in case of unforeseeable and irresistible events.

The purpose of a consultant’s mission is to give recommendations about a project or a problem submitted by the client, help him in his decision-making, and possibly implement the decision that has been adopted. There are many advantages to using a consultant, including objectivity and expertise. He brings a fresh perspective to the task entrusted to him, which enables him to work effectively for his mission’s success. If the job is punctual, it also allows not to hire internally a person dedicated to its realization, but simply to recruit an external agent who works according to the company’s exact needs. This solution, therefore, offers excellent flexibility, and it is very common to use a consultant in Thailand to support the activity of a Thai company.

The consultant will have first of all a duty of advice, which obliges a service provider to help the client in his decision making and to recommend the best solution. The duty to warn obliges the service provider to inform his client of the possible risks, limits or problems which can occur within the framework of a specific action. The duty to notify obliges the service provider to obtain sufficient information to know what the client wants.

The consultant must be a specialist of the problems pertaining to his field of competence. He is thus brought to work in collaboration with the leaders of companies to advise them. His role is to bring them his expertise on precise subjects and in a punctual way.

To enable a company to develop much more rapidly than it can with its internal skills. The Consultant must therefore have a great sense of analysis in order to propose solutions to improve the client company.

He brings a new and external glance on the financial problems of the customer company. This allows him to bring solutions adapted to the situation of the company in all objectivity.

An essential obligation of the client is to pay the consultant the agreed price, regardless of the outcome of the assignment. If the client does not pay, the service provider can stop his services. If the customer worries about a bad result of the mission, he can agree on a form of variable remuneration, which means that the remuneration will depend on the result of the mission.