Consulting Services Agreement

Consulting Services Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Consulting Services Agreement for a German IT consulting firm providing digital transformation services to our manufacturing company, including data protection provisions and specific clauses about software development deliverables, starting March 2025."

Document background

The Consulting Services Agreement is essential for businesses engaging external expertise in the German market. This document type is specifically designed to comply with German legal requirements, particularly the German Civil Code (BGB) provisions regarding service contracts, while incorporating modern business considerations such as data protection under GDPR and digital service delivery. It's typically used when a company or individual provides professional advisory services, project-based consulting, or specialized expertise to clients. The agreement covers crucial aspects including scope definition, service levels, payment terms, intellectual property rights, confidentiality, and liability limitations, while ensuring clear distinction from employment relationships as required under German law.

Suggested Sections

1. Parties: Identification and details of the contracting parties, including registered addresses and company registration details as required under German law

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided, including deliverables and performance standards

5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights including notice periods

6. Fees and Payment Terms: Consulting fees, payment schedule, invoicing requirements, and VAT provisions

7. Consultant's Obligations: Key responsibilities, quality standards, and compliance requirements for the consultant

8. Client's Obligations: Client's responsibilities, including provision of information and cooperation

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP

10. Confidentiality: Confidentiality obligations and handling of sensitive information

11. Data Protection: GDPR compliance and data processing provisions

12. Liability and Insurance: Limitation of liability, indemnification, and required insurance coverage

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement

15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when consultant may gain competitive insights

2. Non-Solicitation: Restrictions on soliciting employees or clients, used for protecting business relationships

3. Compliance with Anti-Corruption Laws: Additional compliance requirements, particularly important for international consulting relationships

4. Service Levels: Specific performance metrics and remedies, used for complex or critical consulting services

5. Subcontracting: Terms for engaging subcontractors, used when subcontracting is anticipated

6. Exit Assistance: Provisions for transition upon termination, important for long-term or complex engagements

7. Quality Assurance: Specific quality control measures, used for technical or specialized consulting

8. Warranties: Additional warranties beyond statutory requirements, used for specific service guarantees

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of consulting services and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics and measurement criteria

4. Schedule 4 - Key Personnel: Names and roles of key consultant team members

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Required Insurance: Specific insurance requirements and coverage levels

7. Appendix A - Project Timeline: Detailed project milestones and delivery dates

8. Appendix B - Technical Requirements: Specific technical or operational requirements for the services

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Management Consulting

Information Technology

Financial Services

Healthcare

Manufacturing

Energy

Telecommunications

Professional Services

Digital Transformation

Environmental Consulting

Strategy Consulting

Human Resources

Engineering

Research and Development

Business Process Optimization

Relevant Teams

Legal

Procurement

Finance

Operations

Human Resources

Compliance

Risk Management

Project Management Office

Business Development

Strategy

Information Technology

Research and Development

Quality Assurance

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Contract Manager

Business Development Manager

Operations Director

HR Director

Department Head

Risk Manager

Compliance Officer

Technical Director

Managing Partner

Chief Operating Officer

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Authors

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