Consultant Retainer Agreement Template for Netherlands

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Key Requirements PROMPT example:

Consultant Retainer Agreement

"I need a Consultant Retainer Agreement for engaging a cybersecurity consultant to provide ongoing security assessments and incident response services for our technology company, with strict data protection requirements and service level agreements for emergency response times."

Document background
This Consultant Retainer Agreement is designed for use under Dutch law when establishing an ongoing professional services relationship where regular access to a consultant's expertise is required. The agreement is particularly suitable when a client wishes to secure priority access to consulting services on a regular basis in exchange for a predetermined monthly fee. It includes essential provisions required under Dutch law, including clear independent contractor status compliance with the DBA law, data protection requirements under GDPR/AVG, and standard Dutch contract law provisions. The document is structured to protect both parties' interests while ensuring flexibility in service delivery and clear commercial terms. It's commonly used for long-term consulting arrangements where the scope of work may vary month to month but requires consistent availability and professional support.
Suggested Sections

1. Parties: Identification of the contracting parties - the client and the consultant (including registration details and representatives)

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: General description of consulting services covered under the retainer

5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

6. Retainer Fee and Payment Terms: Monthly retainer amount, payment schedule, invoicing process, and additional fees

7. Service Levels: Minimum service levels, response times, and availability requirements

8. Consultant's Obligations: Key responsibilities, professional standards, and compliance requirements

9. Client's Obligations: Support, access, and information to be provided by the client

10. Independent Contractor Status: Clear statement of independent contractor relationship and compliance with Dutch DBA law

11. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Insurance: Required insurance coverage and minimum limits

15. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Data Protection: Required when consultant will process personal data, ensuring GDPR compliance

2. Non-Competition: Include when restricting consultant from working with competitors

3. Non-Solicitation: Include when preventing consultant from soliciting client's employees or customers

4. Expenses: Include when consultant may incur reimbursable expenses

5. Key Personnel: Include when specific individuals are essential to service delivery

6. Force Majeure: Include for protection against unforeseen circumstances

7. Audit Rights: Include when client requires right to audit consultant's records

8. Service Credits: Include when implementing penalties for missing service levels

9. Exit Assistance: Include when transition services may be needed upon termination

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and methodology

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

3. Schedule 3 - Service Levels: Detailed service level requirements and measurement criteria

4. Schedule 4 - Key Personnel: List of key consultant personnel and their roles

5. Schedule 5 - Client Materials: List of materials and resources to be provided by client

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

7. Appendix B - Security Requirements: IT and physical security requirements if applicable

8. Appendix C - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Technology

Management Consulting

Financial Services

Healthcare

Professional Services

Manufacturing

Education

Real Estate

Energy

Telecommunications

Marketing and Advertising

Environmental Services

Construction

Research and Development

IT Services

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Project Management Office

Business Development

Risk and Compliance

Senior Management

Professional Services

Vendor Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Legal Counsel

Procurement Manager

HR Director

Operations Manager

Project Manager

Business Development Manager

Department Head

Consulting Partner

Managing Director

Senior Consultant

Independent Consultant

Professional Services Director

Contract Manager

Risk Manager

Compliance Officer

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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