Retainers Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
This Retainers Agreement template is designed for use in New Zealand business contexts where ongoing professional services are required. It serves as a formal contract between service providers and their clients, establishing a continuous professional relationship with regular payment arrangements. The document is structured to comply with New Zealand contract law and commercial regulations, including the Contract and Commercial Law Act 2017 and relevant consumer protection legislation. It's particularly suitable for professional service providers such as consultants, lawyers, accountants, or agencies who provide regular, ongoing services to their clients. The agreement includes essential elements such as service scope, payment terms, performance standards, and termination provisions, while allowing flexibility to accommodate specific service arrangements and industry requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 Industries

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

Relevant Teams

Legal

Finance

Operations

Procurement

Compliance

Commercial

Business Development

Client Services

Professional Services

Administration

Relevant Roles

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

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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