Business OS
Human ResourcesGeneral

Consulting Agreement with Sharing of Software Revenues

This template is a consulting agreement where the consultant receives a share of software revenues in addition to a consulting fee. It is suitable for engaging independent contractors for specific projects.

Updated 15d ago
consulting agreementsoftware revenue shareindependent contractorSMESouthern Africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Consulting Agreement with Sharing of Software Revenues

Consulting Agreement with Sharing of Software Revenues

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

CONSULTING AGREEMENT WITH SHARING OF SOFTWARE REVENUES

This Consulting Agreement ('Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}} ('Effective Date'), by and between:

{{client_company_name}}, a company duly incorporated under the laws of [Jurisdiction], with its principal place of business at {{client_company_address}} (hereinafter referred to as 'Client'); and

{{consultant_name}}, an individual residing at {{consultant_address}} / a company duly incorporated under the laws of [Jurisdiction], with its principal place of business at {{consultant_address}} (hereinafter referred to as 'Consultant').

Collectively referred to as 'Parties'.

1. RECITALS

WHEREAS, Client is desirous of engaging the Consultant to provide certain consulting services relating to the development/enhancement of software as described herein.

WHEREAS, Consultant is willing to provide such services to Client on the terms and conditions hereinafter set forth, including a share of revenues generated from the software developed/enhanced.

2. SCOPE OF SERVICES

2.1. The Consultant agrees to provide consulting services relating to {{software_project_description}} (hereinafter referred to as 'Services').

2.2. The specific tasks and deliverables shall be detailed in Schedule A attached hereto and forming an integral part of this Agreement.

3. TERM OF AGREEMENT

3.1. This Agreement shall commence on the Effective Date and shall continue until {{end_date}} unless sooner terminated in accordance with the provisions of this Agreement.

3.2. The term may be extended by mutual written agreement of both Parties.

4. COMPENSATION

4.1. For the Services rendered, the Client shall pay the Consultant a fixed consulting fee of {{consulting_fee_amount}} ({{consulting_fee_currency}}) per {{payment_period}}.

4.2. In addition to the consulting fee, the Client shall pay the Consultant a revenue share of {{revenue_share_percentage}}% of the net revenues generated from the software {{software_name}} for a period of {{revenue_share_period}} starting from {{revenue_share_start_date}}.

4.3. 'Net revenues' shall be defined as gross revenues received from the sale, license, or subscription of the software, less any direct costs such as {{deductible_costs_description}}.

4.4. Payments of consulting fees shall be made on a {{payment_frequency}} basis, within {{payment_terms_days}} days of receipt of an invoice from the Consultant.

4.5. Revenue share payments shall be made on a {{revenue_share_payment_frequency}} basis, within {{revenue_share_payment_days}} days after the end of each payment period, accompanied by a detailed statement of net revenues.

5. INTELLECTUAL PROPERTY

5.1. All intellectual property rights, including copyrights, patents, and trade secrets, in any work product developed by the Consultant in the course of providing the Services, shall vest exclusively in the Client.

5.2. Notwithstanding the above, the Consultant retains a right to a revenue share as outlined in Section 4.2.

6. CONFIDENTIALITY

6.1. Both Parties agree to keep confidential all non-public information obtained during the course of this Agreement.

6.2. This obligation of confidentiality shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.

7. INDEPENDENT CONTRACTOR STATUS

7.1. The Consultant shall perform the Services as an independent contractor, and nothing in this Agreement shall be construed as creating an employer-employee relationship, partnership, or joint venture between the Parties.

7.2. The Consultant shall be solely responsible for all taxes, national insurance contributions, and other statutory payments arising from the compensation received under this Agreement.

8. TERMINATION

8.1. This Agreement may be terminated by either Party by giving {{notice_period}} days' written notice to the other Party.

8.2. Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice of the breach.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

9.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of {{dispute_resolution_jurisdiction}}.

10. ENTIRE AGREEMENT

This Agreement, including Schedule A, constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date.

____________________________

{{client_authorized_signatory_name}}

{{client_authorized_signatory_title}}

For and on behalf of {{client_company_name}}

____________________________

{{consultant_signature}}

{{consultant_name}}

{{consultant_title}}

Related templates