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Non Refundable Retainer Agreement
"I need a Non-Refundable Retainer Agreement for my IT consulting firm based in Amsterdam, to be used with enterprise clients for long-term software development projects, with quarterly retainer payments and specific provisions for intellectual property rights."
1. Parties: Identification and details of the service provider and the client
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services covered under the retainer
5. Retainer Amount and Payment Terms: Specifics of the retainer amount, payment schedule, and non-refundable nature
6. Non-Refundable Nature: Clear explanation of why and how the retainer is non-refundable
7. Service Provider's Obligations: Detailed responsibilities and commitments of the service provider
8. Client's Obligations: Responsibilities and commitments of the client
9. Term and Termination: Duration of the agreement and termination provisions
10. Confidentiality: Provisions for handling confidential information
11. Intellectual Property: Ownership and usage rights of any IP created during the service
12. Liability and Indemnification: Limitations of liability and indemnification provisions
13. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Regulatory Compliance: Required when services are subject to specific regulatory requirements
2. Professional Insurance: Details of required insurance coverage, particularly relevant for regulated professions
3. Service Levels: Specific performance metrics and standards, useful for quantifiable services
4. Reporting Requirements: Detailed reporting obligations, relevant when regular updates are needed
5. Sub-contractors: Provisions for use of sub-contractors or additional service providers
6. Data Protection: Detailed GDPR compliance provisions when personal data is processed
7. Force Majeure: Specific provisions for unforeseen circumstances affecting service delivery
8. Anti-Money Laundering: Required for regulated professions or large advance payments
1. Schedule 1 - Scope of Services: Detailed breakdown of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of the retainer amount and any additional fees
3. Schedule 3 - Service Levels: Specific performance metrics and standards if applicable
4. Schedule 4 - Key Personnel: List of key personnel assigned to provide the services
5. Appendix A - Required Documentation: List of documents required from client
6. Appendix B - Compliance Requirements: Specific regulatory or professional compliance requirements
Authors
Legal Services
Professional Services
Management Consulting
IT Consulting
Financial Services
Business Advisory
Creative Services
Marketing Services
Architecture
Engineering
Healthcare Services
Executive Coaching
Real Estate Services
Accounting Services
Legal
Compliance
Business Development
Professional Services
Operations
Finance
Risk Management
Commercial
Contract Management
Account Management
Managing Partner
Legal Counsel
General Counsel
Business Development Manager
Contract Manager
Professional Consultant
Financial Advisor
Business Advisor
Executive Coach
Service Director
Account Manager
Operations Manager
Compliance Officer
Risk Manager
Professional Services Director
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