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Monthly Retainer Contract
"I need a Monthly Retainer Contract for my digital marketing agency based in Dublin, providing social media management services to corporate clients, with a €5,000 monthly fee and specific performance metrics for engagement rates."
1. Parties: Identification of the service provider and client, including full legal names, registered addresses, and company numbers
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed outline of the services covered under the retainer
5. Term and Renewal: Duration of the agreement and renewal mechanisms
6. Retainer Fee and Payment Terms: Monthly fee amount, payment schedule, invoicing process, and late payment consequences
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Service Levels: Expected performance standards and response times
10. Intellectual Property Rights: Ownership and usage rights of any IP created or used during service provision
11. Confidentiality: Protection of confidential information exchanged during the relationship
12. Data Protection: GDPR compliance and data handling requirements
13. Limitation of Liability: Caps on liability and exclusions
14. Termination: Circumstances and process for ending the agreement
15. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law
1. Non-Compete: Restrictions on working with competitors, used when services are highly specialized or involve sensitive information
2. Insurance: Specific insurance requirements, important for high-risk services or regulated industries
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
4. Change Control: Process for modifying service scope or terms, useful for complex service arrangements
5. Warranties: Specific guarantees about service quality, needed for technical or professional services
6. Staff and Subcontractors: Rules about who can perform the services, important when personal service is essential
7. Audit Rights: Client's right to audit service provider's work, relevant for regulated industries or complex services
8. Service Credits: Compensation mechanism for service level failures, useful for critical services
1. Schedule 1 - Detailed Service Description: Comprehensive breakdown of services included in the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any variable elements and expenses
3. Schedule 3 - Service Levels: Detailed performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: List of key team members and their roles
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Appendix A - Change Request Form: Template for requesting changes to services or terms
7. Appendix B - Report Templates: Standard formats for regular service reports and updates
Authors
Additional Services
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Data Protection Legislation
Deliverables
Effective Date
Force Majeure Event
Included Services
Initial Term
Intellectual Property Rights
Key Personnel
Monthly Fee
Normal Business Hours
Personal Data
Renewal Period
Retainer Period
Service Credits
Service Levels
Service Provider
Services
Term
VAT
Services Scope
Term and Duration
Renewal
Termination
Service Levels
Performance Standards
Confidentiality
Intellectual Property
Data Protection
Liability Limitation
Indemnification
Force Majeure
Assignment
Variation
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Third Party Rights
Client Obligations
Service Provider Obligations
Warranties
Insurance
Non-Compete
Staff and Resources
Compliance with Laws
Invoicing
Payment Schedule
Late Payment
Service Reporting
Change Control
Subcontracting
Quality Standards
Professional Services
Legal Services
Consulting
Marketing and Advertising
IT Services
Financial Services
Business Advisory
Creative Services
Public Relations
Management Consulting
Healthcare Services
Engineering Services
Architectural Services
Digital Services
Environmental Services
Legal
Finance
Procurement
Operations
Commercial
Business Development
Compliance
Account Management
Service Delivery
Contract Administration
Risk Management
Chief Executive Officer
Managing Director
Operations Manager
Legal Counsel
Procurement Manager
Finance Director
Business Development Manager
Contract Manager
Commercial Director
Project Manager
Account Manager
Compliance Officer
Chief Financial Officer
Service Delivery Manager
Professional Services Director
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