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Consultant Retainer Agreement

Consultant Retainer Agreement Template for Ireland

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Key Requirements PROMPT example:

Consultant Retainer Agreement

"I need a Consultant Retainer Agreement under Irish law for engaging a cybersecurity consultant from January 2025, with strong data protection and confidentiality provisions, as they'll have access to our IT systems and sensitive client data."

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Document background
The Consultant Retainer Agreement is essential for businesses in Ireland seeking to establish long-term or ongoing relationships with professional consultants while maintaining clear independent contractor status. This document is particularly relevant when a company requires regular access to specialized expertise without creating an employment relationship. The agreement addresses key aspects required under Irish law, including proper classification of consultants, data protection under GDPR, intellectual property rights, and tax considerations. It provides a framework for regular or on-call services, protecting both parties' interests while ensuring compliance with Irish legal requirements. The document is typically used when engaging consultants for periodic or ongoing projects, strategic advice, or specialized services where a formal retainer arrangement is beneficial.
Suggested Sections

1. Parties: Identifies the contracting parties - the company/client and the consultant

2. Background: Contextual information about the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Term: Establishes the consultant's appointment, term of engagement, and renewal provisions

5. Services: Outlines the general nature of services to be provided

6. Consultant's Obligations: Details the consultant's duties, responsibilities, and standard of service

7. Client's Obligations: Specifies the client's responsibilities and commitments

8. Fees and Payment: Details the fee structure, payment terms, expenses, and invoicing procedures

9. Independent Contractor Status: Clearly establishes the consultant's status as an independent contractor

10. Intellectual Property: Addresses ownership and rights to work product and pre-existing IP

11. Confidentiality: Protects confidential information and trade secrets

12. Data Protection: Ensures GDPR compliance and data handling procedures

13. Liability and Indemnity: Sets out liability limitations and indemnification obligations

14. Termination: Details circumstances and procedures for ending the agreement

15. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law

Optional Sections

1. Non-Compete: Restricts consultant's ability to work with competitors, only include if essential and ensure enforceability under Irish law

2. Non-Solicitation: Prevents solicitation of clients/employees, include for consultants with significant client contact

3. Insurance: Specifies required insurance coverage, include for high-risk or regulated services

4. Performance Metrics: Establishes KPIs and performance standards, include for results-based engagements

5. Equipment and Resources: Details provision of equipment and resources, include if specific tools/resources are provided

6. Substitute Personnel: Addresses the right to provide substitute consultants, include for corporate consultancy arrangements

7. Force Majeure: Covers unforeseeable circumstances, include for long-term or critical service arrangements

8. Dispute Resolution: Specifies alternative dispute resolution procedures, include for high-value contracts

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance standards and metrics

4. Schedule 4 - Key Personnel: Details of key consultant personnel assigned to the project

5. Schedule 5 - Client Policies: Relevant client policies the consultant must comply with

6. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms if applicable

7. Appendix B - Required Insurance Coverage: Specific insurance requirements and minimum coverage levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Construction

Education

Retail

Media and Entertainment

Energy

Telecommunications

Marketing and Advertising

Management Consulting

Legal Services

Real Estate

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Compliance

Risk Management

Commercial

Executive Leadership

Project Management Office

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

HR Director

Procurement Manager

Project Manager

Department Head

Operations Director

Business Unit Manager

Compliance Officer

Risk Manager

Finance Director

Managing Director

Commercial Director

General Counsel

Industries
Protection of Employees (Fixed-Term Work) Act 2003: Important for ensuring proper classification of consultants vs employees and avoiding misclassification risks
Taxes Consolidation Act 1997: Governs taxation of consultancy income and determines tax obligations for independent contractors
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Regulates the processing and handling of personal data, which is crucial when consultants have access to company or client data
Competition Act 2002: Relevant for non-compete and restriction clauses that might be included in the consultant agreement
Copyright and Related Rights Act 2000: Governs intellectual property rights and ownership of works created during the consultancy
Electronic Commerce Act 2000: Relevant for electronic signatures and digital communications aspects of the agreement
Organisation of Working Time Act 1997: May be relevant for determining consultant working arrangements and ensuring they don't fall into employee classification
Civil Law (Miscellaneous Provisions) Act 2008: Contains provisions affecting contract law and business relationships in Ireland
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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