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Business Retainer Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Business Retainer Agreement is essential for establishing formalized ongoing service relationships in the Australian business context. It is particularly useful when a client requires regular access to professional services and wants to secure priority service delivery, preferential rates, or guaranteed availability. This document, governed by Australian law, typically includes detailed provisions about service scope, performance standards, retainer fees, additional charges, and service level commitments. It's designed to protect both parties' interests while ensuring compliance with Australian contract law, consumer protection regulations, and industry standards. The agreement is commonly used by professional service providers, consultants, and advisors who provide recurring services to business clients.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses



































Relevant Industries

Professional Services

Legal Services

Consulting

Information Technology

Marketing and Advertising

Financial Services

Business Advisory

Engineering Services

Healthcare Services

Management Consulting

Creative Services

Accounting Services

Relevant Teams

Legal

Business Development

Operations

Finance

Procurement

Compliance

Commercial

Client Services

Account Management

Risk Management

Service Delivery

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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