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Contractor Retainer Agreement

Contractor Retainer Agreement Template for Denmark

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Contractor Retainer Agreement

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Document background
The Contractor Retainer Agreement is essential for businesses operating in Denmark that require regular access to professional services without establishing an employment relationship. This document is typically used when a company needs consistent, ongoing access to a contractor's expertise or services on a retained basis, rather than project-by-project engagement. It addresses key Danish legal requirements while establishing clear terms for service delivery, payment, and professional obligations. The agreement is structured to comply with Danish contract law, data protection requirements, and business regulations, making it suitable for both Danish companies and international organizations operating in Denmark. The document includes provisions for regular service delivery, professional standards, confidentiality, and intellectual property rights, while maintaining the contractor's independent status.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, company registration numbers (CVR), and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement and their specific meanings

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

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Retainer Fee and Payment Terms: Monthly/periodic retainer amount, payment schedule, invoicing requirements, and VAT considerations

7. Service Levels: Expected availability, response times, and performance standards

8. Contractor's Obligations: Key responsibilities, compliance requirements, and professional standards

9. Client's Obligations: Client's responsibilities, including provision of information and access

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Indemnification: Limitation of liability, insurance requirements, and indemnification obligations

14. Force Majeure: Circumstances excusing performance and related procedures

15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when contractor has access to sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting clients or employees, relevant for contractors with significant client contact

3. Additional Services: Framework for engaging contractor for services beyond retainer scope, useful for flexible arrangements

4. Performance Reviews: Process for regular performance evaluation, relevant for long-term strategic contractors

5. Subcontracting: Terms for engaging subcontractors, needed if contractor may delegate work

6. Insurance: Specific insurance requirements, important for high-risk or regulated services

7. Brand Guidelines: Rules for using client's branding, relevant for marketing or public-facing contractors

8. Equipment and Resources: Provisions regarding tools and resources, relevant when client provides equipment

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services covered by the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and expenses policy

3. Schedule 3 - Service Levels: Detailed service level requirements and measurement criteria

4. Schedule 4 - Key Personnel: Names and roles of key contractor personnel assigned to the client

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Security Requirements: IT and physical security requirements for service delivery

7. Appendix A - Contact Details: Key contacts and escalation procedures for both parties

8. Appendix B - Approval Procedures: Procedures for obtaining approvals and sign-offs

Authors

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Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and general contractual principles in Denmark. Essential for establishing the basic framework of the retainer agreement.
Danish Act on Services (Lov om tjenesteydelser): Regulates the provision of services and sets requirements for service agreements, including information obligations and quality standards.
Danish VAT Act (Momsloven): Governs VAT obligations for contractors and businesses, crucial for structuring payment terms and tax considerations in the agreement.
Danish Personal Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Danish law, relevant for handling personal data in the contractor relationship and ensuring compliance with data protection requirements.
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation governing personal data processing, relevant for data handling aspects of the contractor relationship.
Danish Competition Act (Konkurrenceloven): Relevant for non-compete and exclusivity provisions in the retainer agreement, ensuring compliance with competition law.
Danish Marketing Practices Act (Markedsføringsloven): Important for provisions related to confidentiality, intellectual property, and market conduct in the contractor relationship.
Danish Bookkeeping Act (Bogføringsloven): Relevant for record-keeping obligations and documentation requirements in the contractor relationship.
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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