Charity engagement of consultant

Agreement for Charity to Procure Services (Non-Fundraising)

CO.CHA.152

Charities, like any other organizations, from time to time need to buy in various services. Apart from such routine ordinary services as cleaning, maintenance, catering, or taxi services, or professional services such as legal or accountancy advice or services, a charity might need to procure various consultancy services. For example, it might need to buy in training services or to have training materials produced for it, or it might need a consultant to carry out a study for it or to provide advice to the charity about marketing the charity to donors or supporters or some other advice.

This Agreement for Charity to Procure Services (Non-Fundraising) is designed to be used by any charity which needs to commission an individual or a company to provide such consultancy services. Please note though that whilst this template could be used to engage a consultant to advise on marketing or fundraising, it will not be appropriate for engaging a consultant to actually carry out any fundraising activities for the charity. Other subfolders in the Charity Group of documents do however include some template agreements dealing with various aspects of fundraising.

This Agreement for Charity to Procure Services (Non-Fundraising) is comprehensive and the Agreement, including its Schedules, covers key matters in some detail. If suitably amended to suit your charity’s needs in a particular case, it can help to reduce the risk of misunderstanding by the parties on any important issues.

Where the services to be provided are fairly complex, some or all of the additional clauses in Schedule 3 can be included. However, if the services are relatively unsophisticated, provisions of Schedule 3 may be of less or no relevance and so some (if not all) of them could be deleted, leaving you with a shorter, simpler document.

Some text in the Agreement and its Schedules is in square brackets to indicate where you can select from alternative wordings or omit any text as appropriate. They should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

If the consultant has its own form of standard contract, it might wish to use that form rather than one put forward by you. The consultant’s form is likely to be slanted towards the consultant and as a result not offer legal protection to the charity whereas this template is to some extent slanted in favour of the charity and it is specifically designed to protect the legal position of the charity.

It will therefore be more advantageous to the charity if the charity can gain the consultant’s agreement to use this Agreement for Charity to Procure Services (Non-Fundraising) rather than the consultant’s form of contract. If the consultant will not agree to that, you might be able to gain the consultant’s agreement to use this template with some changes to it made at the consultant’s request to accommodate some of its requirements.

This template anticipates that in the course of carrying out services for the charity, the consultant might be processing data derived from the charity or it might produce or collect data. The Agreement therefore contains suitable data protection provisions (in Schedule 2). This document is compliant with the GDPR (General Data Protection Regulation).

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