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Retainers Agreement
"I need a Retainers Agreement for my digital marketing agency to provide ongoing social media management services to corporate clients, with monthly billing and performance metrics included."
1. Parties: Identification and details of the service provider and the client
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
4. Scope of Services: Detailed description of the services to be provided under the retainer
5. Term and Renewal: Duration of the retainer agreement and renewal provisions
6. Retainer Fees and Payment Terms: Fee structure, payment schedule, and billing procedures
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. Confidentiality: Provisions for handling confidential information
10. Intellectual Property: Ownership and rights related to work produced under the retainer
11. Termination: Conditions and procedures for ending the agreement
12. General Provisions: Standard contractual clauses including governing law, notices, and entire agreement
1. Service Levels: Specific performance metrics and standards, include when services require measurable outcomes
2. Resource Allocation: Details of specific personnel or resources assigned, include when dedicated resources are part of the arrangement
3. Compliance Requirements: Industry-specific regulatory compliance obligations, include for regulated industries
4. Insurance: Insurance requirements and coverage details, include for high-risk services
5. Data Protection: Specific data handling and protection requirements, include when personal or sensitive data is involved
6. Dispute Resolution: Detailed dispute resolution procedures, include for high-value or complex arrangements
7. Force Majeure: Provisions for unforeseen circumstances, include when service delivery could be impacted by external events
8. Non-Solicitation: Restrictions on hiring or soliciting personnel, include when intellectual capital protection is important
1. Schedule 1 - Detailed Service Description: Comprehensive breakdown of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structures
3. Schedule 3 - Service Level Metrics: Specific performance indicators and measurement criteria
4. Schedule 4 - Key Personnel: Details of key team members assigned to the retainer
5. Appendix A - Communication Protocol: Procedures for routine communications and escalations
6. Appendix B - Reporting Templates: Standard formats for regular reporting and documentation
Authors
Business Day
Client
Commencement Date
Confidential Information
Deliverables
Fees
Force Majeure Event
GST
Initial Term
Intellectual Property
Intellectual Property Rights
Key Personnel
Monthly Retainer Fee
Notice
Out of Scope Services
Personnel
Pre-existing Material
Professional Services
Renewal Term
Retainer Services
Schedule
Service Levels
Service Provider
Services
Term
Territory
Working Hours
Term and Renewal
Services
Service Levels
Fees and Payment
Invoicing
Personnel
Client Obligations
Service Provider Obligations
Intellectual Property
Confidentiality
Privacy and Data Protection
Warranties
Liability and Indemnity
Insurance
Force Majeure
Termination
Exit Assistance
Non-Solicitation
Dispute Resolution
Assignment
Subcontracting
Variation
Notices
Governing Law
Entire Agreement
Severability
Waiver
Relationship of Parties
Survival
Legal Services
Professional Services
Consulting
Accounting and Financial Services
Marketing and Advertising
IT Services
Business Advisory
Creative Services
Management Consulting
Healthcare Services
Engineering Services
Architecture and Design
Legal
Finance
Operations
Procurement
Compliance
Commercial
Business Development
Client Services
Professional Services
Administration
Legal Counsel
Contract Manager
Business Development Manager
Chief Financial Officer
Operations Manager
Professional Services Director
Account Manager
Procurement Manager
Compliance Officer
Managing Director
Chief Executive Officer
Practice Manager
Commercial Manager
Finance Director
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