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Hourly Retainer Agreement Template for Australia

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Key Requirements PROMPT example:

Hourly Retainer Agreement

"I need an Hourly Retainer Agreement for my IT consulting firm based in Sydney to engage a client for 20 minimum hours per month, starting March 2025, with specific provisions for intellectual property protection and data security compliance."

Document background
This Hourly Retainer Agreement template is designed for use in Australian jurisdictions where a business or individual seeks to establish a formal, ongoing professional service arrangement with regular access to services on an hourly rate basis. The document is particularly useful for professional service providers, consultants, and advisors who wish to secure regular client engagements while maintaining flexibility in service delivery. It includes comprehensive provisions for service scope, minimum hour commitments, billing rates, payment terms, and professional obligations, all aligned with Australian legal requirements. The agreement is structured to comply with relevant Australian legislation including the Competition and Consumer Act 2010 and state-specific fair trading laws, making it suitable for both service providers and clients seeking to establish clear, legally-sound retainer arrangements.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Outlines the context and purpose of the retainer arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the services to be provided under the retainer arrangement

5. Term and Renewal: Specifies the duration of the agreement and renewal terms

6. Fees and Payment Terms: Details the hourly rates, minimum hours, billing increments, and payment terms

7. Billing and Invoicing: Specifies billing procedures, timing, and invoice requirements

8. Obligations of Service Provider: Lists the key responsibilities and commitments of the service provider

9. Client Obligations: Outlines the client's responsibilities and commitments

10. Confidentiality: Details confidentiality obligations and handling of sensitive information

11. Intellectual Property: Addresses ownership and usage rights of any IP created during the engagement

12. Termination: Specifies conditions and procedures for ending the agreement

13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restricts service provider from working with competitors - include when dealing with sensitive industry information

2. Insurance Requirements: Specifies required insurance coverage - include for high-risk or regulated services

3. Performance Standards: Defines specific KPIs or service levels - include when quantifiable metrics are important

4. Dispute Resolution: Details specific dispute resolution procedures - include for high-value or complex arrangements

5. Force Majeure: Addresses unforeseen circumstances - include when service continuity is critical

6. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved

7. Subcontracting: Rules regarding use of subcontractors - include when subcontracting might be needed

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of hourly rates, including different rates for different types of work or personnel

2. Schedule 2 - Scope of Services: Detailed description of services covered under the retainer

3. Schedule 3 - Key Personnel: List of key personnel assigned to provide the services

4. Schedule 4 - Service Level Requirements: Specific performance metrics and service standards if applicable

5. Appendix A - Timesheet Template: Standard format for recording and reporting time

6. Appendix B - Progress Report Template: Standard format for regular service reporting if required

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

Legal Services

Professional Services

Management Consulting

IT Services

Financial Advisory

Marketing and Communications

Business Advisory

Engineering Services

Creative Services

Healthcare Consulting

Environmental Consulting

Human Resources

Architecture and Design

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Risk and Compliance

Business Development

Professional Services

Administration

Contract Management

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Chief Financial Officer

Operations Director

Professional Services Director

Managing Partner

Chief Executive Officer

Risk Manager

Compliance Officer

Practice Manager

Commercial Manager

Finance 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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