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Designed for where the consultant is to perform a specific, isolated, project for the client. It contains the guidelines and forms for a consultant services agreement between a client and an independent contractor, who will assist the client with its technology needs.

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A technology consultant services agreement is an agreement between a client and an independent contractor, a consultant, who will assist the client with its technology (e.g. correcting network problems, installing hardware, designing a web page, etc.).

This agreement is for use where the consultant is to perform a specific, isolated, project for the client.

The technology consultant services agreement serves a number of beneficial purposes. It provides the consultant with the basic conditions, project parameters and terms of payment for his/her service to the client. The technology consultant services agreement can also protect the client by, among other things, clarifying the client's expectations for the consultant, reaffirming that an employer/employee relationship is not created, and laying out reasons for termination of the relationship.

These forms can be used in all states.

This package contains: (1) Instructions and Checklist for the Technology Consultant Services Agreement; (2) Information about the Technology Consultant Services Agreement; and (3) the Technology Consultant Services Agreement (the "Agreementƒ).
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Technology Consultant Services Agreement
 
 
 
 
This Technology Consultant Services Agreement (the “Agreement”) is made and entered into on _____________________________________________, ___________, by and between _________________________________________ (“Client”) and _______________________________________ (“Consultant”) (collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.   SERVICES:  Client shall engage Consultant for the specific project described in Exhibit A attached hereto (the “Services”).
 
2.  TIME OF COMPLETION: The Services shall be commenced on or before _________________, 20__, and shall be completed on or before ______________________, 20__.  Time is of the essence.
 
3.  COMPENSATION:  For the Services, Client shall pay Consultant a total fee of $________________.   Payment shall be made as follows (check the appropriate box):
[_] _________% at the beginning of the project and _________% upon completion of the Services.
 
[_]  $__________ every ____________ (e.g. week, month, etc.), to be paid on the _________ day of the ____________.
 
      [_] upon completion of the Services.
 
      [_] other: ______________________________________________________
 
4.   EXPENSES:  Client agrees to reimburse Consultant for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement.
 
5.   INDEPENDENT CONTRACTOR.  Consultant is an independent contractor and not an employee of Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of Client.
 
6.   CONFIDENTIALITY:  Consultant acknowledges that he/she may have access to Clients confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential (“Confidential Information”).  Consultant agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure.  In addition, Consultant will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Consultants unauthorized actions.
 
7.   OWNERSHIP OF PREPARED MATERIALS:  Except those items described below, all materials prepared by Consultant for Client (the “Prepared Materials”) shall be considered the exclusively property of Client.  Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client.  Consultant agrees to assist Client, upon request, by taking any reasonable action that may be necessary for the perfecting, securing and completing of these rights.  The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement (“Pre-existing Materials”).  Consultant hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials.
 
8.   OTHER RULES AND POLICIES: Consultant agrees to abide by any other rules, policies and procedures as communicated by the Client.
 
9.   TERMINATION:  This Agreement may be terminated by either party if either party fails to perform his/her duties or materially breaches any obligation in this Agreement.
 
10.  RETURN OF PROPERTY:  Upon termination or completion of this Agreement, Consultant will promptly return to Client all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Consultant will return any other property belonging to Client including without limitation: computers, equipment, office supplies, money and documents.
 
11.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of paragraph 6 and 7 of this Agreement will continue in full force and effect following such termination.
 
12.  CONSULTANTS EMPLOYEES:   To the extent required by law, the Services shall be performed by individuals duly licensed and authorized by law to perform the Services.
 
13.  CONSULTANTS INSURANCE:  Consultant warrants that he/she is adequately insured for injury to him/herself or his/her employees and others incurring loss or injury as a result of the acts of Consultant or its employees.
 
14.  BINDING EFFECT:  The covenants and conditions contained in this Agreement      shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
15.  CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
16.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
17.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
18.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Consultant.
 
19.  NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
Client:                  Consultant:
 
________________________________      ______________________________
________________________________      ______________________________
________________________________      ______________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
20.  GOVERNING LAW:  This Agreement shall be governed by and construed in   accordance with the laws of the State of _______________________________.
 
 
 
[The remainder of this page intentionally left blank.]
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.
 
 
 
CLIENT                  CONSULTANT:
_______________________________      ______________________________
Signature                  Signature
 
_______________________________      ______________________________
Name (please print)               Name (please print)
 
_______________________________      ______________________________
Title (if applicable)               Title (if applicable)
 
 
 
 
EXHIBIT A
 
SERVICES
 
[describe services below]
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#21898
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Technology Consultant Services Agreement
 
 
 
 
This Technology Consultant Services Agreement (the “Agreement”) is made and entered into on _____________________________________________, ___________, by and between _________________________________________ (“Client”) and _______________________________________ (“Consultant”) (collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.   SERVICES:  Client shall engage Consultant for the specific project described in Exhibit A attached hereto (the “Services”).
 
2.  TIME OF COMPLETION: The Services shall be commenced on or before _________________, 20__, and shall be completed on or before ______________________, 20__.  Time is of the essence.
 
3.  COMPENSATION:  For the Services, Client shall pay Consultant a total fee of $________________.   Payment shall be made as follows (check the appropriate box):
[_] _________% at the beginning of the project and _________% upon completion of the Services.
 
[_]  $__________ every ____________ (e.g. week, month, etc.), to be paid on the _________ day of the ____________.
 
      [_] upon completion of the Services.
 
      [_] other: ______________________________________________________
 
4.   EXPENSES:  Client agrees to reimburse Consultant for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement.
 
5.   INDEPENDENT CONTRACTOR.  Consultant is an independent contractor and not an employee of Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of Client.
 
6.   CONFIDENTIALITY:  Consultant acknowledges that he/she may have access to Clients confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential (“Confidential Information”).  Consultant agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure.  In addition, Consultant will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Consultants unauthorized actions.
 
7.   OWNERSHIP OF PREPARED MATERIALS:  Except those items described below, all materials prepared by Consultant for Client (the “Prepared Materials”) shall be considered the exclusively property of Client.  Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client.  Consultant agrees to assist Client, upon request, by taking any reasonable action that may be necessary for the perfecting, securing and completing of these rights.  The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement (“Pre-existing Materials”).  Consultant hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials.
 
8.   OTHER RULES AND POLICIES: Consultant agrees to abide by any other rules, policies and procedures as communicated by the Client.
 
9.   TERMINATION:  This Agreement may be terminated by either party if either party fails to perform his/her duties or materially breaches any obligation in this Agreement.
 
10.  RETURN OF PROPERTY:  Upon termination or completion of this Agreement, Consultant will promptly return to Client all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Consultant will return any other property belonging to Client including without limitation: computers, equipment, office supplies, money and documents.
 
11.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of paragraph 6 and 7 of this Agreement will continue in full force and effect following such termination.
 
12.  CONSULTANTS EMPLOYEES:   To the extent required by law, the Services shall be performed by individuals duly licensed and authorized by law to perform the Services.
 
13.  CONSULTANTS INSURANCE:  Consultant warrants that he/she is adequately insured for injury to him/herself or his/her employees and others incurring loss or injury as a result of the acts of Consultant or its employees.
 
14.  BINDING EFFECT:  The covenants and conditions contained in this Agreement      shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
15.  CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
16.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
17.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
18.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Consultant.
 
19.  NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
Client:                  Consultant:
 
________________________________      ______________________________
________________________________      ______________________________
________________________________      ______________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
20.  GOVERNING LAW:  This Agreement shall be governed by and construed in   accordance with the laws of the State of _______________________________.
 
 
 
[The remainder of this page intentionally left blank.]
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.
 
 
 
CLIENT                  CONSULTANT:
_______________________________      ______________________________
Signature                  Signature
 
_______________________________      ______________________________
Name (please print)               Name (please print)
 
_______________________________      ______________________________
Title (if applicable)               Title (if applicable)
 
 
 
 
EXHIBIT A
 
SERVICES
 
[describe services below]
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