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Tag Archives: consulting

Consulting Agreements – Key Provisions

Consulting Agreements – Key Provisions

Consulting agreements are commonly used by businesses today. Consulting agreements can range from one page to 20 or more pages depending on the subject matter of the agreement and whether other agreements between the parties are included or are incorporated by reference. This summary will discuss in more detail the terms of the Sample Consulting Agreement form and the legal rights and obligations created under the agreement, as well as provisions that could be adapted to specific circumstances and arrangements.

Provisions of the Agreement and Duties and Obligations Created

The consulting agreement is an agreement between a consultant and a client that wishes to retain certain specified services of the consultant for a specified time at a specified rate of compensation. As indicated previously, the terms of the agreement can be quite simple or very complex. Below is a discussion of the more important issues to be considered in every consulting agreement.

Scope of Work; Time; Compensation

It is important that the agreement for consulting services outline the specific services to be provided. Often a consulting agreement will contain an exhibit that lists the services expected of the consultant. This list can then be amended if necessary without the need to amend the entire agreement.

The time period in which the consultant is expected to complete his or her task should also be included in the agreement if applicable. Depending on the situation, the consultant may be expected to devote a specific number of hours per week or per month to the project, or may charge a flat fee when the services are more specific in nature. The hiring company may wish to include a “hold-back” provision alerting the consultant that a certain amount of the compensation will be withheld until the consultant has completed the task. Obviously, the inclusion of a hold-back provision and the amount that is “held-back” are often points of contention and should be negotiated.

Term and Termination

The term of the agreement is typically quantified in months or years. Most likely it will coincide with the compensation schedule. The client should also protect its interests by allowing it to terminate the agreement under certain conditions. Typically these conditions are (1) breach of confidentiality or non-solicitation provisions of the agreement, or (2) illegal activities that affect consultant’s performance under the agreement. Without this right to terminate the agreement, the client is obligating itself to the consultant even if the consultant has taken actions contrary to the client.

Copyrights and Data

The consulting agreement should address the use of the consultant’s work. Some agreements allow the client complete use of the physical product delivered by the consultant and may not include an assignment of copyright on the assumption that the consultant will want to retain the copyright. The best position for the client is to get complete ownership of not only the tangible documents that the consultant prepares, but also the copyrights to those documents. However, the consultant may demand considerable more compensation to assign this right making it impractical. It is very important, however, for the parties to clearly understand their respective rights relating to not only the physical documents but the copyrights as well.

Conflict of Interest; Non-Solicitation

Clients should consider including a non-competition clause in the agreement, at least for the term of the agreement and within the market area of the client. Any non-competition clause must be reasonable to be enforceable. Most consulting agreements also include a statement that the consultant will not solicit the client’s employees for at least the term of the agreement.

Miscellaneous Provisions

After spending considerable time negotiating the services to be performed, the compensation, the ownership rights to the work product, etc. it is often easy for parties to neglect the miscellaneous provisions that one typically finds at the end of the agreement. The parties should always pay careful attention to what law will govern the agreement, how disputes will be resolved, and, probably most importantly, the assignability of the rights and obligations under the agreement. Typically, the rights and obligations are not assignable since the client is hiring the consultant because of the consultant’s specific expertise and the consultant is agreeing to perform the services only for the client. There may be situations, however, where an assignment may be necessary, i.e. the client merges with or into another entity.


Consulting agreements are frequently used in today’s business world and vary in complexity from simple, one-page documents to very complex, 20+ page documents. The terms detailed above, however, should be considered as basic requirements for any consulting agreement. With the key terms detailed in a written agreement, the parties will have reasonable expectations about services to be performed under the agreement and the consequences if those expectations are not met.

Mark Warner is a Legal Research Analyst for RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at

Related Consulting Articles

New York IT Consulting

New York IT Consulting

New York City is undoubtedly the centre of information technology and where technology meets the business world. IT is increasingly about business and business communications and it networks and systems are expected to serve the needs of business. Gone are the days when an IT department handled all aspects of IT management in house. Today, an experienced and skilled New York IT consulting partner is essential.

Medium and small business It departments of New York companies have faced and overcome many challenges including 911 and the resulting homeland security restrictions that ensued, however new, ubiquitous Web based information technology is perhaps the straw that breaks the camels back. The demands on IT departments have created problems with software compatibility, cost of application development, staff turnover, security lapses, and even lead to business setbacks.

To deal with these IT generated issues, some companies have outsourced their IT functions including the all-important network audit and network design and integration. It is not wise to outsource this level of IT planning overseas as it requires clear, uncluttered communication and certified developer status. The last thing a small business needs is a haphazard network design that is not going to work with the latest software applications.

IT consulting firms offer assistance with every practical and theoretical aspect of a company’s information technology system including network security and hardware selection. Amidst those IT services, are staff training, business application development, network monitoring, data backup, disaster recovery, and even office relocations. Your IT network and applications are your businesses lifeline and deserve a professional solution.

Plenty of NY IT consulting firms are available for your business, but finding one with a good reputation and a full slate of services and support staff is unusual. One thing for sure, you’ll appreciate having a skilled, English speaking, and dedicated team in the New York and Manhattan area to respond to your needs, quickly and effectively.

Capabilities you need in your NY IT Consulting firm:

1.Certified developer status, and preferably on Microsoft based systems where error-free operations are essential and support is readily available
2.Experience with network audits and network design, with a clear methodology for building a maintenance-free network
3.Skill with new technologies including wireless network integration
4.Accent on security since hackers and programming errors can lead to high risk, high cost security breaches
5.Large enough staff to handle any emergency and provide responsive support
6.Talented application programmers to provide the necessary customization so your network is matched perfectly to your business needs

Choosing which NY IT consulting will be made easier if you’re sure of what your customers needs are, what your operational and functional needs are, and how your business will evolve. Technology is important to your NY businesses future and to meet the needs of new capabilities that include CRM, ERP, Voip communications, wireless and web based connectivity, along with new computer and network hardware, you need a network designed to meet the demands you’ll face in the next 5 years.

Ensure your New York IT services provider has all these requirements and can provide you with a clear roadmap to success on software platforms that are reliable with no open ended support issues. Ensure your contracts specify the deliverables and aren’t tangled in language confusion and misconceptions, and ensure they will live up to contractual expectations. Offshore IT consultants and service providers may offer everything but don’t be one of those that reports that “it didn’t turn out too well after all.”

iCorps NY IT Consulting, and New York IT Consulting experts analyze and optimize your networks performance. IT outsourcing, consulting and management capabilities.

Efficient Data Analytics Consulting For Ideal Business Management

Efficient Data Analytics Consulting For Ideal Business Management

India as a country is on a faster track to technological development and excellence. Today, small and large businesses of all types are becoming aware of the immense potential of benefits that data analysis and BI (Business Intelligence) companies can give. There is a significant increase in demand for ideal big data analysis which helps to make business management easier and more efficient.

Leading data analytics consulting firms, such as 2S Consulting, are also renowned SAP BI consultant firms. SAP BI is the latest one in BI. It includes BI, analytics, enterprise information management, etc. which involve all aspects of business intelligence. The company provides a comprehensive SAP BI service package in the most cost-effective manner. With unique and flexible processing and methods, 2S Consulting acquires an innovative approach to SAP projects.

How a SAP BI consultant firm helps a business

SAP BI consultant firms, such as 2S Consulting amplify the profits for business through the proper application of advanced technology to deliver exhaustive and effective business solutions. When you work with a single renowned data analytics consulting company, it ensures for ever better quality results for you with the passage of time. The company will be able to grasp your requirements and needs most efficiently the longer your collaboration holds. This, in turn, helps the company to refine its data analytics methods to deliver highly improved business solutions.

The company is able to gauge the potential threats or risks likely to be faced by the company in the future, and also identify areas of improvement for better business management. The aim of such companies is to provide clients with real-time and relevant information processed from the collected data so as to improve the client’s business performance.

The client’s complete business cycle is supported by 2S Consulting which provides the client with a truly competitive edge. The company ensures that the client gets the complete service package for BI, including licensing, consulting, proof of concepts, data management, application management services, product training, hosting, assessment, upgrades, etc. amongst others.

These are the clear benefits that a client (business) enjoys when teaming up with a renowned SAP BI consultant, such as 2S Consulting:

1. Effective enterprise BI and BI strategies: Helps the client to achieve optimum flow of information with a wide BI strategy covering the entire organization.

2. Smart BI solutions: Helps the client to ensure that they get constant and higher ROI through the development of an almost automatic BI application network.

3. Efficient implementation: Helps by covering data quality, ETL frameworks, ad hoc, analysis reporting and visualization from a variety of conventional and alternate data sources.

4. Advanced EPM: The advanced Enterprise Performance Management from 2S Consulting is top-of-the-class and helps to effectively evaluate the economic performance of the business.

5. The diversity of resources: The consulting firm provides an extensive range of data analytics services, including allowing access to a larger set of industrial information, which involves ad hoc and analysis reporting along with an advanced dashboard and visualization support.

6. Self-improvement strategies: The company offers clients extensive analysis and reporting on the main factors that influence a client’s business performance. This is an advanced version of Predictive Intelligence system used for better and improved business organization to ensure smooth operation and performance.

Nisha Mattas is working with 2S Consulting, a leading business intelligence consulting firm. She has a flair for writing and she keeps on writing various articles and blogs related to the industry. She wrote this article to educate her readers about data analytics consulting. If you want to know more about SAP BI consultant, feel free to click on active links.

Role of the Strategy Consulting Firm in an Organization

Role of the Strategy Consulting Firm in an Organization

Strategy consulting services are one of the most ‘high-end’ and honored segments within the corporate services domain. The professionals focus on supporting private sector clients with the development of business unit strategies, whereas public sector organisations are offered assistance with public policy. Top strategy consulting firms can help organizations save billions in spend. Basically, these services are categorized into five disciplines:

* Corporate Strategy- Business planning, value based management, market entry

* Public Sector- Public sector policy, local government policy, social cost benefit analsis, public sector economics

* Merger & Acquisitons- M & A scheme, commercial due diligence, private equity, post merger integration

* Organizational Scheme- Business unit, organisation design, strategic programs, strategic change management

* Functional Scheme- Sales and market, financial, operations, technology

Top strategy consulting firms are staffed by proficient and experienced specialists. These sourcing staff achieve sustainable results to create competitive advantage and improve the bottom line. They offer a perfect blend of logical and sourcing tools, talent and supporting infrastructure across the globe.

Strategy consultants help companies with strategic decision making, which includes the development and execution of the plan of action. The responsibility for strategic decision making comes under the senior management. Hence, the experts usually work for executives and top level managers.

The main job of a strategy consultant is to offer crucial suggestions on several management subjects. This phase includes an assortment of activities like surveys/ interviews, data gathering through desk research, (fact-based) data analysis, hypothesis-testing, and setting up and afterwards presenting the recommendation to client management.

In comparison with the other fields within management consulting, strategy consulting has a range of diverse characteristics. The major difference is in the role of the professionals within the advisory value chain. Generally, strategists support the ‘Strategic Advisory’ phase of projects only. Their role in the ‘Execution’ phase is limited. They can support in the strategic areas or initial phases, and are not involved in the full-scale implementation services. The other features that differentiate strategy consulting from other disciplines include:

* It requires a top tier of quantitative/analytics skills
* Projects typically have tighter deadlines and shorter time-span, with longer working hours the result
* The experts mainly work from their own office rather than the client premises
* The clients are usually strategic portfolio holders like executives and senior managers

There are thousands of consulting firms across the globe offering strategy consulting services, yet not every firm has a good reputation. Infact, few companies have a global reach and reputation in the market. Analysts typically differentiate between two kinds of firms:

‘Pure play’ strategy consulting firms- It focus exclusively on strategy and operations.

‘Strategy practices’ of multi-service firms- A service line of a generalist consulting firm that offers strategy services.

Browse the internet to get the details of the top strategy consulting firms worldwide. Contact the professionals to know about their quality work and services. Visit the official website to get the profound details. Discuss your budget with the service provider in advance to avoid any inconvenience on the later stage.

The Apella Group comes under top strategy consulting firms having many years of experience in this field. The experts have extensive knowledge around business operations and strategic sourcing best practices and have been working for more than 10 years now. Call us today to avail our excellent services at reasonable prices.