The Simple Consulting Agreement is designed for use in the Netherlands when engaging external consultants or professional service providers. This template complies with Dutch law requirements and is particularly attentive to the distinctions between independent contractors and employees under the Wet DBA. The agreement is suitable for both one-off projects and ongoing consulting relationships, providing comprehensive coverage of essential terms while remaining flexible enough to adapt to various business contexts. It includes provisions for service scope, fees, intellectual property, confidentiality, and liability, while incorporating necessary safeguards to maintain the independent contractor status. The document is structured to protect both parties' interests while ensuring clarity in their professional relationship.
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1. Parties: Identification of the consultant and the client, including full legal names, addresses, and registration details
2. Background: Brief context of the agreement and confirmation of consultant's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the consulting services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Fees and Payment: Compensation, payment terms, expenses, and invoicing procedures
7. Obligations of the Consultant: Key responsibilities, standards of service, and compliance requirements
8. Obligations of the Client: Client's responsibilities including providing necessary information and access
9. Intellectual Property: Ownership and usage rights of pre-existing and created IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Insurance: Required insurance coverage
13. Data Protection: GDPR compliance and data processing obligations
14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Non-Competition: Restrictions on working with competitors - include when protecting competitive advantage is crucial
2. Non-Solicitation: Restrictions on soliciting employees or clients - include for consultants with significant client contact
3. Force Majeure: Provisions for unforeseeable circumstances - particularly relevant post-COVID
4. Assignment: Right to assign the agreement - include when working with larger organizations
5. Substitute Performance: Right to use subcontractors - include when consultant may need to delegate work
6. Audit Rights: Client's right to audit consultant's work - include for regulated industries
7. Key Personnel: Identification of essential team members - include for larger consulting projects
8. Service Levels: Specific performance metrics - include for technical or ongoing services
1. Schedule 1 - Services Description: Detailed scope of work, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Specific performance metrics and standards if applicable
4. Appendix A - Data Processing Agreement: Required when personal data processing is involved
5. Appendix B - Contact Details: Key contacts and notice details for both parties
6. Appendix C - Approved Subcontractors: List of pre-approved subcontractors if relevant
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