Retainer Contract Template for New Zealand

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Key Requirements PROMPT example:

Retainer Contract

"I need a Retainer Contract for my IT consulting firm to provide ongoing technical support services to a medium-sized retail business, including monthly maintenance, emergency support, and quarterly security audits, starting from March 2025."

Document background
This Retainer Contract is designed for use in New Zealand when establishing ongoing professional service relationships where regular access to services is required. It is particularly suitable for situations where clients need consistent access to professional expertise or services on a recurring basis. The document includes essential provisions required under New Zealand law, including those governed by the Contract and Commercial Law Act 2017, while addressing practical aspects such as service scope, payment terms, and performance standards. This type of agreement is commonly used by professional service providers who offer regular, ongoing services rather than one-off projects, providing both parties with clarity on their rights, obligations, and the commercial terms of their relationship.
Suggested Sections

1. Parties: Identifies and defines the service provider and the client with full legal names and addresses

2. Background: Outlines the context of the retainer relationship and the general purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and precision

4. Scope of Services: Clearly defines the services covered under the retainer arrangement

5. Term and Renewal: Specifies the initial term of the retainer and any renewal provisions

6. Fees and Payment Terms: Details the retainer fee structure, payment schedule, and billing procedures

7. Service Provider's Obligations: Lists the key responsibilities and commitments of the service provider

8. Client's Obligations: Outlines the client's responsibilities and requirements for enabling service delivery

9. Confidentiality: Establishes confidentiality obligations for both parties

10. Termination: Specifies conditions and procedures for ending the retainer arrangement

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Intellectual Property: Required when services involve creation or use of intellectual property

2. Service Levels: Needed when specific performance metrics or response times are crucial

3. Insurance and Liability: Important for high-risk services or when professional indemnity is required

4. Data Protection: Required when personal data processing is involved

5. Non-Competition: Used when protecting against competitive activities is necessary

6. Force Majeure: Important for long-term retainers or when service interruption risks need addressing

7. Dispute Resolution: Useful for high-value retainers or when specific dispute processes are preferred

8. Assignment and Subcontracting: Needed when transfer of rights or use of subcontractors may be relevant

Suggested Schedules

1. Schedule 1: Detailed Service Specifications: Detailed breakdown of services, deliverables, and performance standards

2. Schedule 2: Fee Schedule: Detailed fee structure, rates, and payment terms including any variable components

3. Schedule 3: Key Personnel: Lists key team members and their roles if specific personnel are crucial to the service

4. Schedule 4: Service Level Agreement: Detailed service levels, response times, and performance metrics if applicable

5. Appendix A: Contact Details: Contact information for key personnel and authorized representatives

6. Appendix B: Reporting Requirements: Templates and specifications for required reports and communications

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

Clauses
Relevant Industries

Legal Services

Consulting

Accounting

Marketing and PR

IT Services

Business Advisory

Design and Creative Services

Engineering

Healthcare Services

Professional Training

Property Management

Financial Services

Relevant Teams

Legal

Finance

Commercial

Operations

Business Development

Account Management

Compliance

Risk Management

Procurement

Service Delivery

Executive Leadership

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Professional Services Director

Account Manager

Finance Manager

Compliance Officer

Operations Manager

Service Delivery Manager

Managing Director

Chief Executive Officer

Commercial Manager

Risk Manager

Procurement 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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