FERREIRA BUSINESS CONSULTING & PUBLIC SPEAKING
The
Consulting agreement (The Agreement) is made and entered into as of the... day
of... by and between..... (Company-Client) and Ferreira Consultants (The Consultants),
whereas the Company desires to retain the services of the Consultants as
independent contractors, to perform consulting services for the Company, and
the Consultants is willing to make the Consultants services available to the
Company.
Now
therefore: Accordingly Client and Consultant agree as follows:
1. Services:
Consultant
shall prior consulting services to the Client with respect to matters related
to creating, developing and operating the Clients business, such services
being defined in Exhibit "A", (Will be drafted in accordance with
relevant instruction, attached and incorporated herein). The Consultant
shall be engaged by the Client as a consultant for the exchange of ideas
only and only under the terms of this agreement (with exhibits). The Client
understands that Consultant will be providing general business consulting
services only.
2. Compensation:
As
full consideration for the consulting services provided by the Consultant, the
Client shall pay the Consultant as set forth in exhibit "A.”
3. Competition:
The
Consultant represents to the client that the consultant does not have any
agreement to provide consulting services to any other party/firm or clients in
the business generally described in exhibit "A" as relating to the
scope of this consultancy and will not enter into any such agreement during the
term of this agreement.
4. Confidentiality:
a) Either party may disclose to the
other party any information that the disclosing party would normally freely
disclose to other members of business and scientific community at large, whether public
by presentation or in informal business or scientific discussions.
b) The parties may from time to time
in connection with work contemplated under this agreement, disclose
confidential information to each other. Each party will use reasonable efforts
to prevent disclosure of any confidential information to 3 rd parties for a
period of 2 years from receipt thereof. The recipient may acquire information
that pertains to the discloser’s processes, equipment thereto.
c) Confidential information, subject
to paragraph 4(b) does not include information that is or later becomes
available to the public, through no breach of this agreement by the recipient;
(11) is obtained by the recipient from a 3 rd party who had the legal right to
disclose the information to the recipient. (111) is already in possession of
the recipient on the date of this agreement becomes effective (1V) is
independently developed by recipient on the date.
5. Return of Materials:
The
Consultants agrees to promptly return, following the termination of this
agreement or upon earlier request by the Client, all intellectual property
supplied by the Client in conjunction with the Consultants consulting services
under this agreement.
6. Intellectual property:
Title to
all inventions and discoveries made by Client resulting from the research
performed here under shall reside in Client.
7. Term & Termination:
(a) This agreement shall be for a term
of.... months, renewable upon reasonable terms & conditions as may be
agreed upon by the Client and the Consultant.
(b) Termination of the agreement shall
not affect (a) the Clients obligation to pay for services previously performed
by the Consultant for which the Consultant is entitled to reimbursement under
paragraph (2) above.
7. Miscellaneous:
(a) The agreement shall incur to the
benefit of the binding upon the respective heirs, executors, successors,
representatives and assigns of the parties as the case may be.
(b) The relationship will be that of
an independent contractor and the consultant shall have no authority to bind or
act as agent for client or its employees for any purpose.
(c) The Client will not use the
consultants name in any commercial advertisement or similar material used to
promote or sell products unless the Client obtain in advance the written
consent of Consultant.
(d) Notice or payments given by one
party to the other here under shall be in writing and deemed to have been
properly given or paid, if deposited with the local postal services, registered
or certified, addressed as follows: Client address:.........Consultants
address........... .
(e) This agreement replaces all
previous agreements and the discussions relating to the subject hereof and
constitutes the entire agreement between the Client and the Consultant with
respect to the subject matters of this agreement. This agreement may not be
modified in respect by any verbal statement, presentation, or agreement made by
any employee official or representative of the Client, or by any written
document, unless it is signed by the Client and the Consultant.
9. No professional liability insurance:
The Client
hereby acknowledges and fully understands that the Consultant carries no
professional liability insurance.
In witness
whereof the parties here executed this agreement, effective the date first
stated above.
......................
CLIENT
.......................
CONSULTANT
