consulting_services_agreement.docx

Running head: CONSULTATION 1

CONSULTATION 2

Consulting Services Agreement

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CONSULTING SERVICES AGREEMENT

BETWEEN: GREEN MOUNTAIN TECHNOLOGIES

AND: EFFECTIVE SOLUTIONS

WHEREAS:

Currently the organization wishes to obtain consulting and advisory services, from the consultant as its independent consultant for business development. Effective solutions will agree to assist the enterprise with services as an independent external consultant under the terms and conditions created by this Agreement.

The parties, therefore, agree as follows:

ARTICLE 1: SUBJECT

1. Green Mountain Technologies, therefore, appoints Effective solutions as its external consultant and the consultant will agree to provide independent consulting and advisory services to the company in the field of innovation and development

2. The task of the consultant shall include the development of new clients for the company in the stated area which will include the discussion of terms and conditions with actual and potential customers. There will be the exception of signing any contractual undertakings unless the company authorizes them.

3. Effective Solutions will carry out its services as highlighted in the current Consultancy Agreement

ARTICLE 2: TERM AND TERMINATION

1. The contract shall enter into force on November 25, 2016.The Company shall engage the Consultant, and the appointed agents of the consultant will provide the services required as per the project

2. Both parties can end the present Agreement as long as both are informed one month before this occurs. The written notice must be done on a period of seniority of a year and should not exceed more than six months. It should be sent by a courier that will become effective on the third working day after the mail has been received. The end of the notice which will coincide with the end of the calendar month.

3. If an infringement of the Agreement occurs and renders it impossible to continue the professional relationship, the aggrieved party will have the mandate of terminating the Consulting Agreement immediately without notice or indemnity. They will send a registered letter to the other party where the termination is affected and also by sending, through the recorded mail within seven days thereof the facts or reasons of justifying the termination for cause.

ARTICLE 3: CONDITIONS OF PERFORMANCE OF SERVICES

1. The Consultant shall perform the services in an independent manner and under its sole responsibility. The Consultant cannot be bounded by the Company unless expressly authorized by the Enterprise (Fishman, 2014). The Consultant shall render the services that will be provided under this contract.

2. The Consultant shall perform the services in a conscientious manner and shall devote their best effort to that, at such time during the term thereof, in a way as that the Company and the Consultant shall mutually agree

3. The Consultant shall perform their activities within this Agreement in an entirely independent manner and will never consider themselves an employee of the Company. The agreement shall not include a partnership between the parties.

4. This Agreement is entirely non-exclusive. The Enterprise is free to consult other experts within this field of specialization. The Consultant retains the mandate of provision of similar services to other parties unless these parties carry operations in completion with those of the Company

ARTICLE 4: COPYRIGHT AND CONFIDENTIALITY

1. The Consultant transfers to the Company, the future copyright in any written documents prepared by the Consultant for the Organization or upon the request of the Company within the framework of the Agreement. The Consultant shall maintain secrecy and confidentiality of information during the Agreement and after the termination of the Agreement.

2. Any violation of the obligation of maintaining confidentiality during the current Agreement may be considered by the Company as a justified cause for immediate termination of the existing agreement without prejudice or notice to the right of the Company to claim damages (Fishman, 2014).

3. Upon cessation of the Agreement, the Consultant shall return to the Company all reports ad documents of whatever nature relating to the Enterprise and which have been received for the execution of the current Agreement.

ARTICLE 5: COMPETITION ISSUES

1. The Consultant will refrain from any solicitous activities towards the clients that they have actively worked with during the last two years under the Agreement for one year after termination of this Agreement in areas connected with this agreement.

ARTICLE 6: COMPENSATION

1. When the Consultant brings in a client from a particular assignment, the Company shall pay the amount that is equal to eight percent in the first year, twelve percent in the second year and eighteen percent in the third year. This is the monthly net sum that billed to the clients that are brought by the Consultant. This will be done in a period of three years once the first invoices present to the customer by the organization. The Consultant shall be paid in dollars

2. The Consultant has the mandate of asking for documents that relate to the amounts charged to the clients and also the payments made to customers for the sole prose of verifications of the sum due to him (Fishman, 2014).

3. The company shall also reimburse expenses that are subjected to prior approval by the Company. In case there are existing contracts with the client and the Enterprise, no charges will be due to the Consultant, if the development of the relationship with the customer is approved in writing by the Company.

4. When the Agreement is terminated, the Consultant shall be entitled to receive compensation involving the contract for businesses brought until the date of the actual termination of the agreement.

ARTICLE 7: ASSIGNMENT AND NOTIFICATION

1. In this Agreement, no party will delegate or sing any of their powers without receiving proper authorization from both sides. The consent must be in writing.

2. Notices that will be issued out in this agreement unless there is a case of termination shall be done through mailing or courier to the address of both of the parties.

ARTICLE 8: SEVERANCE AND PUBLIC RESTRICTIONS

1. If the Agreement based on provisions are voided or unenforceable by any administrative or judicial authority, this shall no nullify any remaining provisions of this Agreement (Fishman, 2014), provided that the cancellation of such provisions does not significantly change the economic interest of either party in the continued performance of the Agreement.

ARTICLE 9: GOVERNING LAWS AND PRIOR AGREEMENTS

1. The Agreement is also interpreted and governed following the laws of the United States of America. Any disputes that may occur in association with the Agreement and cannot be entirely settled amicably shall be referred to the exclusive jurisdictions of courts of such State.

2. The agreement contains the whole agreement between parties concerning matters which supersede any other created agreements that might have been made between the Organization and the Consultant. Any changes to the existing Agreement must be done only when each party signs the Agreement.

The document has been made with two original copies. Both parties involved will have to acknowledge that they have received an original copy of the document.

Date: November 25 2016

By: Effective solutions

Date: November 25 2016

By: Green Mountain Technologies

References

Fishman, S. (2014). Consultant & independent contractor agreements. Nolo.