CONSULTANCY AND ADVISORY AGREEMENT THIS CONSULTANCY AND ADVISORY AGREEMENT ("Agreement") is entered into as of [START_DATE] between:
1. Acme Technologies Private Limited , having its address at Client address , represented by Priya Sharma, CEO (hereinafter "Client"); AND
2. Rajesh Kumar / Kumar Advisory LLP , of Consultant address (PAN: AABCK1234D ) (GSTIN: 29AABCK1234C1ZX ) (hereinafter "Consultant").
1. Appointment and Scope
The Client hereby appoints the Consultant to provide the following advisory and consulting services ("Services"):
Strategic advisory on market expansion into Southeast Asia; competitive intelligence; quarterly board presentations; introduction to investor network.
The Consultant shall devote approximately 2–3 days per month / up to 8 hours per week to the engagement. The Consultant shall perform the Services diligently and in accordance with professional standards.
2. Term
This Agreement commences on [START_DATE] and continues for 12 months unless earlier terminated in accordance with Clause 8. Either Party may extend this Agreement by mutual written consent.
3. Fees and Payment
A monthly retainer fee of ₹0 (Rupees [AMOUNT_IN_WORDS] only) plus applicable GST at 18%, payable by the 5th of each month / 30 days from invoice of each month, subject to deduction of TDS under s.194J of the Income Tax Act 1961.
The Client shall deduct TDS at 10% under s.194J and issue Form 16A quarterly. All payments shall be made by NEFT/RTGS to the Consultant's bank account. The Consultant shall issue GST-compliant invoices where applicable.
4. Independent Contractor Status
The Consultant is an independent contractor and not an employee, agent, partner, or joint venture of the Client. The Client shall have no obligation to deduct Provident Fund contributions, ESI contributions, or pay gratuity to the Consultant. The Consultant shall be solely responsible for their own taxes (other than TDS deductible by the Client), statutory filings, and compliance with applicable laws. The Consultant may engage in other consulting activities, subject to the non-solicitation provisions below, provided such activities do not conflict with the Services or breach this Agreement.
5. Intellectual Property
All work product, reports, analyses, presentations, and other deliverables created by the Consultant specifically for the Client under this Agreement ("Work Product") shall, upon full payment, be the exclusive property of the Client. The Consultant hereby assigns all intellectual property rights therein to the Client. The Consultant retains ownership of all pre-existing tools, methodologies, frameworks, and background materials and grants the Client a non-exclusive licence to use them as incorporated in the Work Product.
6. Confidentiality
The Consultant shall maintain strict confidentiality of all non-public information of the Client received in connection with this engagement and shall not disclose it to any third party. These obligations continue for 3 years after termination. The Consultant shall promptly return all confidential materials upon termination.
7. Non-Solicitation
For a period of 12 months following the termination of this Agreement, the Consultant shall not, directly or indirectly: (a) solicit or hire any employee of the Client with whom the Consultant had contact during this engagement; (b) solicit or do business with any client or customer of the Client with whom the Consultant had material dealings, using information obtained during this engagement. This clause does not restrict general advertising or the Consultant's right to do business in their area of expertise.
8. Termination
Either Party may terminate this Agreement by giving 30 days' written notice. Either Party may terminate immediately if the other commits a material breach not remedied within 15 days of written notice, becomes insolvent, or engages in fraud or wilful misconduct. On termination, the Client shall pay fees for all Services performed up to the date of termination.
9. Governing Law
This Agreement is governed by the laws of India. Disputes shall be subject to the exclusive jurisdiction of the courts at Mumbai , [State].
IN WITNESS WHEREOF the Parties have signed this Agreement as of the date first written above.
Client
__GAP[ca_client_name|Acme Technologies Private Limited]__
__GAP[ca_client_signatory|Priya Sharma, CEO]__
[Signature & Seal]
______________________
Consultant
__GAP[ca_consultant_name|Rajesh Kumar / Kumar Advisory LLP]__
[Signature]
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