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Retainer Agreement
"I need a Retainer Agreement for my IT consulting firm based in Hong Kong to provide ongoing technical support and system maintenance services to a financial services company, with monthly reporting requirements and specific service level agreements."
1. Parties: Identification of the service provider and the client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a retainer arrangement
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement
5. Term and Renewal: Duration of the retainer agreement and conditions for renewal
6. Fees and Payment Terms: Retainer fee amount, payment schedule, and billing procedures
7. Rights and Obligations: Specific duties and responsibilities of both the service provider and client
8. Confidentiality: Obligations regarding confidential information and its protection
9. Termination: Circumstances and procedures for ending the retainer relationship
10. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
11. Entire Agreement: Standard boilerplate confirming the agreement represents the complete understanding between parties
1. Intellectual Property Rights: Include when services involve creation or use of intellectual property
2. Non-Compete and Non-Solicitation: Add when protecting business interests from competition is necessary
3. Force Majeure: Include when need to address unforeseeable circumstances preventing performance
4. Insurance: Add when specific insurance requirements need to be maintained
5. Data Protection: Include when personal data processing is involved in service delivery
6. Conflict of Interest: Add for professional services where conflicts may arise
7. Assignment and Subcontracting: Include when need to address potential transfer of rights or delegation of duties
1. Schedule 1 - Detailed Scope of Services: Comprehensive breakdown of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service standards
4. Schedule 4 - Key Personnel: List of key team members assigned to provide the services
5. Appendix A - Communication Protocol: Procedures for routine communications and reporting
6. Appendix B - Compliance Requirements: Specific regulatory or professional requirements applicable to the services
Authors
Legal Services
Accounting and Finance
Management Consulting
IT Services
Marketing and Communications
Business Advisory
Professional Services
Healthcare Services
Engineering Consulting
Design Services
Legal
Finance
Procurement
Operations
Compliance
Business Development
Human Resources
Project Management
Account Management
Risk Management
Legal Counsel
Chief Financial Officer
Managing Director
Professional Services Manager
Procurement Manager
Contract Manager
Business Development Director
Operations Manager
Compliance Officer
Finance Director
General Counsel
HR Director
Project Manager
Account Manager
Partner
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