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Consultant Retainer Agreement
"I need a Consultant Retainer Agreement for engaging a technology security consultant based in Hong Kong, with strong IP protection clauses and data privacy provisions, starting from March 2025."
1. Parties: Identifies the contracting parties - the company/client and the consultant
2. Background: Provides context for the agreement and confirms the client's desire to engage the consultant
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the consultant's appointment and outlines the general scope of services
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Consultant's Obligations: Details the consultant's duties, responsibilities, and standard of service
7. Client's Obligations: Outlines the client's responsibilities and commitments
8. Fees and Payment: Specifies consulting fees, payment terms, expenses, and invoicing procedures
9. Independent Contractor Status: Clearly establishes the consultant's status as an independent contractor
10. Intellectual Property Rights: Addresses ownership and rights to work product created during the engagement
11. Confidentiality: Details confidentiality obligations and handling of sensitive information
12. Data Protection: Covers compliance with data privacy laws and data handling requirements
13. Liability and Indemnification: Addresses limitation of liability and indemnification obligations
14. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and governing law
1. Non-Competition: Restricts consultant from competing activities - include when protecting market position is crucial
2. Non-Solicitation: Prevents solicitation of employees/clients - important for consultants with client exposure
3. Insurance: Specifies required insurance coverage - include when consultant's work involves significant risks
4. Force Majeure: Addresses unforeseeable circumstances - important in long-term or high-risk engagements
5. Compliance with Laws: Details specific regulatory compliance - include for regulated industries
6. Assignment and Subcontracting: Controls ability to transfer rights or subcontract - important for larger projects
7. Dispute Resolution: Specifies detailed dispute resolution procedures - important for high-value engagements
8. Key Personnel: Identifies specific individuals required for service delivery - important when particular expertise is crucial
1. Schedule 1 - Services Description: Detailed description of consulting services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance metrics and service level requirements if applicable
4. Schedule 4 - Key Personnel: Details of key team members and their roles if applicable
5. Schedule 5 - Client Policies: Relevant client policies the consultant must comply with
6. Appendix A - Report Templates: Standard templates for progress reports and deliverables
7. Appendix B - Change Request Form: Template for requesting changes to scope or services
Authors
Applicable Laws
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Consultant
Consulting Services
Deliverables
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Materials
Personal Data
Pre-existing Materials
Project
Representatives
Retainer Fee
Services
Service Levels
Term
Territory
Third Party
Work Product
Working Hours
Term
Services
Payment
Expenses
Independent Contractor Status
Obligations
Performance Standards
Deliverables
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Representations and Warranties
Limitation of Liability
Indemnification
Insurance
Termination
Force Majeure
Assignment
Subcontracting
Notice
Entire Agreement
Amendment
Severability
Waiver
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Personnel
Resources
Client Cooperation
Professional Services
Technology
Financial Services
Healthcare
Education
Manufacturing
Real Estate
Retail
Media and Entertainment
Construction
Energy
Telecommunications
Business Consulting
Environmental Services
Non-Profit
Legal
Procurement
Human Resources
Operations
Compliance
Finance
Business Development
Project Management
Risk Management
Corporate Affairs
Chief Executive Officer
Chief Financial Officer
Head of Legal
Legal Counsel
Procurement Manager
Human Resources Director
Project Manager
Operations Director
Compliance Officer
Contract Manager
Business Development Manager
Department Head
Managing Director
Chief Operating Officer
Resource Manager
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