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Retainer Contract
"I need a Retainer Contract for my IT consulting firm based in Kuala Lumpur, providing ongoing technical support and maintenance services to corporate clients, with monthly retainer fees and service level agreements starting from March 2025."
1. Parties: Identification of the service provider and the client, including full legal names, registration numbers (if applicable), and registered addresses
2. Background: Context of the retainer arrangement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Term', and other relevant definitions
4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement, including any service levels or performance metrics
5. Term and Renewal: Duration of the retainer agreement and provisions for renewal or extension
6. Retainer Fee and Payment Terms: Amount of retainer fee, payment schedule, invoicing process, and any additional charges
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client, including provision of necessary information and access
9. Confidentiality: Provisions protecting confidential information shared during the course of the engagement
10. Intellectual Property: Ownership and rights related to any intellectual property created or used during the provision of services
11. Termination: Grounds for termination, notice periods, and consequences of termination
12. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures
1. Non-Compete: Restrictions on competitive activities, recommended when sharing sensitive business information or strategies
2. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant in long-term arrangements
3. Insurance: Requirements for professional indemnity or other insurance coverage, important for high-risk services
4. Data Protection: Specific provisions for handling personal data under PDPA 2010, necessary when personal data processing is involved
5. Service Credits: System for credits or penalties related to service performance, useful for technical or specialized services
6. Audit Rights: Client's right to audit service provider's performance and records, important for regulated industries
7. Key Personnel: Identification of key team members and replacement procedures, relevant for specialized professional services
1. Schedule 1 - Scope of Services: Detailed breakdown of services covered under the retainer, including any excluded services
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and expense categories
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards
4. Schedule 4 - Key Personnel: List of key team members, their roles, and qualifications
5. Schedule 5 - Report Templates: Standard formats for regular reporting and documentation
6. Appendix A - Communication Protocol: Procedures for routine communications, escalations, and emergency contact details
7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the services
Authors
Legal Services
Professional Services
Information Technology
Management Consulting
Marketing and Advertising
Accounting and Finance
Business Advisory
Creative Services
Healthcare
Engineering
Public Relations
Technical Support
Human Resources
Legal
Finance
Procurement
Operations
Business Development
Client Services
Compliance
Human Resources
Professional Services
Contract Administration
Legal Counsel
Contract Manager
Business Development Manager
Chief Financial Officer
Operations Director
Procurement Manager
Professional Services Director
Managing Partner
Client Services Manager
Account Executive
Corporate Secretary
Compliance Officer
Human Resources Director
IT Services Manager
Finance Manager
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