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Business Retainer Agreement
"I need a Business Retainer Agreement for my IT consulting firm based in Sydney to provide ongoing technical support and maintenance services to a medium-sized retail company, with monthly reporting requirements and priority response times for critical issues."
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Contextual information explaining the purpose and intent of the retainer arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Services: Detailed description of services to be provided under the retainer arrangement
5. Term and Renewal: Duration of the agreement and conditions for renewal or extension
6. Retainer Fee and Payment Terms: Details of fee structure, payment schedule, and invoicing procedures
7. Service Levels: Expected standards of service delivery, response times, and performance metrics
8. Obligations of Service Provider: Key responsibilities and commitments of the service provider
9. Client Obligations: Responsibilities and commitments required from the client
10. Intellectual Property: Ownership and rights regarding any IP created or used during service provision
11. Confidentiality: Provisions for handling confidential information and trade secrets
12. Termination: Conditions and procedures for ending the agreement
13. Liability and Indemnity: Risk allocation between parties and limitation of liability provisions
14. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Additional Services: Used when there's a need to define services available beyond the basic retainer scope
2. Key Personnel: Include when specific individuals are crucial to service delivery
3. Non-Compete: Add when restricting the service provider from working with competitors
4. Change Management: Include for complex services requiring formal processes for scope or requirement changes
5. Service Credits: Used when implementing performance-based fee adjustments
6. Disaster Recovery: Include for critical services requiring business continuity planning
7. Data Protection: Add when significant data handling or processing is involved
8. Insurance: Include when specific insurance requirements need to be maintained
9. Exit Assistance: Used for complex services requiring transition support upon termination
1. Schedule 1 - Detailed Service Specifications: Comprehensive breakdown of services, deliverables, and performance standards
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, rates for additional services, and payment terms
3. Schedule 3 - Service Level Agreement: Specific metrics, KPIs, and service standards with measurement criteria
4. Schedule 4 - Key Personnel: Details of key team members, their roles, and replacement procedures
5. Appendix A - Report Templates: Standard formats for regular reporting and communication
6. Appendix B - Change Request Forms: Templates and procedures for requesting service changes
Authors
Professional Services
Legal Services
Consulting
Information Technology
Marketing and Advertising
Financial Services
Business Advisory
Engineering Services
Healthcare Services
Management Consulting
Creative Services
Accounting Services
Legal
Business Development
Operations
Finance
Procurement
Compliance
Commercial
Client Services
Account Management
Risk Management
Service Delivery
Business Development Manager
Contract Manager
Legal Counsel
Chief Executive Officer
Operations Manager
Service Delivery Manager
Account Manager
Commercial Director
Procurement Manager
Chief Financial Officer
Professional Services Director
Client Relations Manager
Compliance Officer
Managing Director
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