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Design Consultancy Agreement
"I need a Design Consultancy Agreement for my UX design agency based in Auckland, providing services to a large tech company, with specific provisions for remote work and protection of our design methodologies."
1. Parties: Identifies and defines the parties to the agreement - the Design Consultant and the Client
2. Background: Sets out the context of the agreement, including the Client's needs and Consultant's qualifications
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Term: Establishes the formal appointment of the consultant and duration of the agreement
5. Scope of Services: Outlines the design services to be provided, including deliverables and any excluded services
6. Consultant's Obligations: Details the consultant's duties, standards of service, and professional requirements
7. Client's Obligations: Specifies the client's responsibilities, including provision of information and access
8. Fees and Payment: Sets out the fee structure, payment terms, expenses, and invoicing process
9. Intellectual Property Rights: Addresses ownership and licensing of designs and other intellectual property
10. Confidentiality: Establishes obligations regarding confidential information and trade secrets
11. Liability and Insurance: Specifies liability limitations and required insurance coverage
12. Termination: Details circumstances and processes for ending the agreement
13. General Provisions: Contains standard legal provisions including notices, assignment, and governing law
1. Performance Standards: Detailed quality standards and KPIs - include when specific performance metrics are required
2. Variations: Process for changing scope or services - include for complex or long-term projects
3. Project Management: Project governance and reporting structures - include for large or complex projects
4. Subconsultants: Terms for engaging and managing subconsultants - include if subconsultants may be needed
5. Moral Rights: Specific provisions regarding moral rights in designs - include for creative works
6. Non-Competition: Restrictions on working with competitors - include if commercially sensitive
7. Client Reference Rights: Terms for using client as reference - include if portfolio rights are important
8. Data Protection: Specific data handling requirements - include if dealing with personal or sensitive data
9. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-risk projects
1. Schedule 1 - Scope of Services: Detailed breakdown of design services, deliverables, and methodology
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Project Timeline: Project phases, milestones, and delivery dates
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Client Materials: List of materials and information to be provided by the client
6. Schedule 6 - Design Brief: Detailed design requirements and specifications
7. Appendix A - Insurance Requirements: Specific insurance types and coverage levels required
8. Appendix B - Required Forms: Standard forms for project management, variations, or sign-offs
Authors
Architecture
Graphic Design
Interior Design
Industrial Design
Web Design
Fashion Design
Product Design
User Experience (UX) Design
Landscape Design
Brand Design
Digital Media
Construction
Retail
Technology
Manufacturing
Entertainment
Real Estate
Advertising
Publishing
Legal
Procurement
Design
Creative
Operations
Business Development
Project Management
Commercial
Finance
Client Services
Risk Management
Compliance
Marketing
Design Director
Creative Director
Project Manager
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Operations Manager
Design Consultant
Graphic Designer
Interior Designer
Product Designer
UX Designer
Art Director
Brand Manager
Chief Creative Officer
Design Coordinator
Client Services Manager
Commercial Manager
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