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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."
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
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
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
Applicable Law
Business Day
Confidential Information
Consulting Services
Client
Client Materials
Consultant
Deliverables
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
Key Personnel
Monthly Retainer Fee
Notice
Project
Representatives
Services
Service Levels
Term
Territory
Work Product
Working Hours
Additional Services
Affiliate
Authorized Representative
Commencement Date
Conflict of Interest
Contract Year
Expenses
Good Industry Practice
Material Breach
Personnel
Pre-existing Materials
Professional Standards
Reports
Schedule
Scope of Work
Third Party
Appointment
Term
Services
Consultant Obligations
Client Obligations
Fees
Payment Terms
Expenses
Invoicing
Performance Standards
Warranties
Representations
Confidentiality
Intellectual Property
Data Protection
Non-Compete
Non-Solicitation
Independent Contractor Status
Personnel
Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment
Subcontracting
Notice
Amendment
Waiver
Severability
Entire Agreement
Dispute Resolution
Governing Law
Jurisdiction
Counterparts
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
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
Legal
Procurement
Human Resources
Finance
Operations
Compliance
Risk Management
Business Development
Project Management
Administration
Corporate Affairs
Vendor Management
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
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