Service / Consultancy Agreement Template (Kenya)

Ongoing services between a business and a client or consultant.

What it covers

• Services, standards and key personnel
• Fees, invoicing, VAT and withholding tax
• Confidentiality and ownership of work
• Liability cap, insurance and force majeure
• Termination and optional arbitration

What's inside

1. Services
2. Term
3. Personnel
4. Client's Responsibilities
5. Fees and Payment
6. VAT
7. Withholding Tax
8. Independent Contractor
9. Confidentiality
10. Ownership of Work
11. Limitation of Liability
12. Insurance
13. Termination
14. Force Majeure
15. Dispute Resolution
16. Arbitration
17. General Provisions

Who it's for

• Consultants and agencies on a monthly retainer
• Cleaning, security, IT and maintenance providers
• Businesses outsourcing work

Questions

What about withholding tax?

Where the client is required to deduct withholding tax, it deducts it, remits it to KRA, and gives the provider a certificate. Switch on the withholding tax clause if this applies.

Is the fee inclusive of VAT?

You choose. If the provider is VAT-registered, the VAT clause makes clear whether VAT is added on top.

Can either side end the agreement early?

Yes, by giving the notice period you choose. Either side can also end it quickly for a serious breach that is not fixed.

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