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Monthly Retainer Consulting Agreement
"I need a Monthly Retainer Consulting Agreement for my Hong Kong-based technology company hiring a cybersecurity consultant starting January 2025, with specific provisions for data protection, access to our systems, and strict confidentiality requirements."
1. Parties: Identification of the consultant and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the client's business, consultant's expertise, and purpose of the engagement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the consultant, commencement date, and initial term of the agreement
5. Scope of Services: Overview of the consulting services to be provided under the retainer
6. Consultant's Obligations: Key responsibilities and commitments of the consultant, including service standards and availability
7. Client's Obligations: Client's responsibilities, including providing necessary information and access
8. Fees and Payment: Monthly retainer amount, payment terms, expenses, and invoicing process
9. Intellectual Property: Ownership and rights related to deliverables and pre-existing IP
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Data Protection: Compliance with Hong Kong's Personal Data (Privacy) Ordinance and data handling procedures
12. Limitation of Liability: Caps on liability and exclusions in accordance with Hong Kong law
13. Termination: Grounds for termination, notice periods, and consequences of termination
14. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law, etc.
1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when consultant will have access to sensitive competitive information
2. Service Levels: Specific performance metrics and standards, included when precise service levels need to be maintained
3. Insurance: Requirements for professional indemnity and other insurance coverage, used when services involve significant risks
4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
5. Anti-Corruption: Compliance with anti-corruption laws, necessary when dealing with public sector or regulated industries
6. Assignment and Subcontracting: Rights to assign or subcontract services, included when flexibility in service delivery is needed
7. Dispute Resolution: Detailed dispute resolution procedures including mediation/arbitration, used for high-value or complex engagements
1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and performance requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of monthly retainer, hourly rates for additional services, and expense policies
3. Schedule 3 - Key Personnel: Names and qualifications of key consultant personnel assigned to the engagement
4. Schedule 4 - Service Levels: Specific metrics, response times, and quality standards if applicable
5. Schedule 5 - Client Materials and Access: List of materials, systems, and facilities the client will provide
6. Appendix A - Report Templates: Standard formats for progress reports and other regular documentation
7. Appendix B - Communication Protocol: Procedures for routine communications and escalation paths
Authors
Applicable Law
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Consultant
Consulting Services
Deliverables
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Monthly Retainer Fee
Notice
Personal Data
Pre-existing Materials
Project
Records
Renewal Term
Representatives
Retainer Period
Schedule
Scope of Services
Service Levels
Services
Term
Termination Date
Territory
Working Hours
Appointment
Term and Renewal
Services
Service Levels
Consultant Obligations
Client Obligations
Fees and Payment
Expenses
Invoicing
Key Personnel
Performance Standards
Reporting Requirements
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Representations and Warranties
Limitation of Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Notices
Amendment
Waiver
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Professional Services
Technology
Financial Services
Management Consulting
IT Consulting
Marketing and Advertising
Healthcare
Education
Real Estate
Manufacturing
Retail
Environmental Services
Business Strategy
Digital Transformation
Legal Services
Legal
Finance
Procurement
Operations
Business Development
Strategy
Compliance
Human Resources
Project Management
Contract Management
Risk Management
Executive Management
Chief Executive Officer
Chief Financial Officer
General Counsel
Legal Counsel
Procurement Manager
Operations Director
Project Manager
Business Development Manager
Head of Strategy
Chief Operating Officer
Managing Director
Finance Director
Compliance Officer
Contract Manager
Human Resources Director
Department Head
Consultant
Independent Contractor
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