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General Retainer Agreement
"I need a General Retainer Agreement for my IT consulting firm to provide ongoing technical support and cybersecurity services to Australian financial institutions, commencing January 2025, with strict compliance and confidentiality requirements."
1. Parties: Identification of the service provider and the client, including full legal names, ABN/ACN, and registered addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the retainer arrangement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the agreement
4. Term and Commencement: Duration of the retainer agreement, including start date and any renewal provisions
5. Scope of Services: Detailed description of the services to be provided under the retainer arrangement
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Key responsibilities and commitments of the client
8. Fees and Payment Terms: Retainer fee structure, payment schedule, and billing procedures
9. Confidentiality: Obligations regarding confidential information and its protection
10. Intellectual Property: Ownership and rights related to intellectual property created or used during the service provision
11. Termination: Circumstances and procedures for ending the agreement
12. Dispute Resolution: Process for resolving disputes between the parties
13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Performance Standards: Specific metrics or standards for service delivery, used when quantifiable performance measures are required
2. Insurance: Insurance requirements and obligations, included when specific coverage needs to be maintained
3. Non-Solicitation: Restrictions on soliciting employees or clients, included when protecting business relationships is crucial
4. Force Majeure: Provisions for unforeseen circumstances, included when long-term or high-value services are involved
5. Data Protection: Specific provisions for handling personal or sensitive data, included when services involve significant data processing
6. Warranties and Indemnities: Additional protections and guarantees, included for high-risk or specialized services
7. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, included when service delivery flexibility is needed
8. Change Management: Process for managing changes to services or terms, included for complex or evolving service arrangements
1. Schedule 1 - Detailed Scope of Services: Comprehensive breakdown of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed fee structure, including rates, expenses, and additional charges
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and service standards
4. Schedule 4 - Key Personnel: List of key team members and their roles in service delivery
5. Schedule 5 - Reporting Requirements: Format, frequency, and content of required reports
6. Appendix A - Communication Protocol: Procedures for routine communications and escalations
7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements
Authors
Legal Services
Professional Services
Consulting
Information Technology
Financial Services
Business Advisory
Marketing and Communications
Engineering
Architecture
Healthcare
Education and Training
Management Consulting
Creative Services
Environmental Services
Legal
Finance
Operations
Procurement
Compliance
Risk Management
Business Development
Professional Services
Contract Management
Account Management
Project Management
Chief Executive Officer
Managing Director
Legal Counsel
Chief Financial Officer
Operations Manager
Procurement Manager
Contract Manager
Business Development Manager
Project Manager
Department Head
Professional Services Manager
Compliance Officer
Risk Manager
Service Delivery Manager
Account Manager
Practice Manager
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