Consultant Retainer Agreement Template for India

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Key Requirements PROMPT example:

Consultant Retainer Agreement

"I need a Consultant Retainer Agreement for an IT security consultant who will provide ongoing cybersecurity services to my fintech startup in Bangalore, with strong confidentiality and data protection clauses, starting March 2025."

Document background
The Consultant Retainer Agreement is essential for businesses in India seeking to establish long-term professional relationships with consultants while maintaining legal compliance and clarity in service delivery. This document is particularly relevant when organizations require regular access to specialized expertise without creating an employer-employee relationship. It addresses key aspects required under Indian law, including service terms, payment structures, and professional obligations. The agreement is designed to protect both parties' interests while ensuring flexibility in service delivery and clear accountability. Typically used when consultants provide ongoing advisory services, the document includes provisions for confidentiality, intellectual property protection, and compliance with Indian tax and regulatory requirements. The agreement's structure allows for modifications based on specific industry needs while maintaining core legal requirements under Indian jurisdiction.
Suggested Sections

1. Parties: Identification of the client and consultant with full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a retainer arrangement

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

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

5. Term and Renewal: Duration of the retainer agreement and conditions for renewal

6. Fees and Payment Terms: Monthly retainer amount, payment schedule, and invoicing procedures

7. Consultant's Obligations: Key responsibilities and commitments of the consultant

8. Client's Obligations: Key responsibilities and commitments of the client

9. Confidentiality: Provisions for protecting confidential information exchanged during the engagement

10. Intellectual Property Rights: Ownership and rights to work products created during the engagement

11. Independent Contractor Status: Clarification that the relationship is not an employer-employee relationship

12. Termination: Conditions and procedures for ending the agreement

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. Notice: Methods and addresses for official communications between parties

Optional Sections

1. Non-Compete: Restrictions on consultant's work with competitors, used when sensitive industry knowledge is involved

2. Non-Solicitation: Restrictions on hiring each other's employees or approaching clients, used in professional services contexts

3. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID

4. Insurance: Requirements for professional liability insurance, relevant for high-risk consulting work

5. Data Protection: Specific provisions for handling personal data, necessary when dealing with sensitive information

6. Limitation of Liability: Caps on consultant's liability, important for high-value consulting arrangements

7. Assignment: Rights to transfer the agreement, relevant when working with larger organizations

8. Dispute Resolution: Alternative dispute resolution procedures, useful for complex consulting arrangements

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of specific services covered under the retainer

2. Schedule B - Fee Structure: Detailed fee calculations, rates for additional services, and expense policies

3. Schedule C - Key Personnel: List of main consultants and their qualifications assigned to the project

4. Schedule D - Service Levels: Performance metrics and response time requirements

5. Schedule E - Compliance Requirements: Specific regulatory or industry compliance requirements

6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and procedures

7. Appendix 2 - Reporting Templates: Standard formats for progress reports and documentation

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Education

Real Estate

Telecommunications

Professional Services

Energy and Utilities

Retail

Media and Entertainment

Construction

Pharmaceuticals

Legal Services

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Business Development

Project Management

Administration

Corporate Affairs

Vendor Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Human Resources Director

Operations Manager

Project Manager

Business Development Manager

Compliance Officer

Finance Director

Managing Director

Company Secretary

Department Head

Independent Consultant

Contract Manager

Risk Manager

Industries
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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