Marketing Consultant Retainer Agreement Template for Singapore

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Key Requirements PROMPT example:

Marketing Consultant Retainer Agreement

"I need a Marketing Consultant Retainer Agreement for my Singapore-based tech startup that will engage a digital marketing agency for social media management and content creation, starting from January 2025, with specific KPIs for audience growth and engagement metrics."

Document background
The Marketing Consultant Retainer Agreement is essential for businesses in Singapore seeking to engage marketing expertise on an ongoing basis. This document establishes the framework for a long-term professional relationship, covering key aspects such as service scope, retainer fees, deliverables, and performance expectations. It ensures compliance with Singapore's legal requirements while protecting both parties' interests. The agreement is particularly valuable for companies requiring consistent marketing support without the commitment of full-time employment.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of agreement and termination provisions

6. Fees and Payment Terms: Retainer amount, payment schedule, and expenses

7. Intellectual Property Rights: Ownership and usage rights of marketing materials

8. Confidentiality: Protection of confidential information

Optional Sections

1. Performance Metrics: Optional section for defining KPIs and success metrics when specific performance targets are required

2. Non-Compete: Optional section for restrictions on working with competitors when protecting against competitive conflicts

3. Insurance Requirements: Optional section specifying required insurance coverage when specific risk management is needed

4. Data Protection Obligations: Optional section detailing PDPA compliance requirements when personal data processing is involved

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of marketing services and deliverables

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

3. Schedule C - Key Personnel: List of key team members and their roles

4. Schedule D - Service Level Agreement: Performance standards and response times

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

Industries

Contract Act (Cap. 53): Primary legislation governing contract formation, validity, and enforcement in Singapore

Unfair Contract Terms Act (Cap. 396): Regulates unfair terms in contracts and limits the extent to which liability can be excluded

Employment Act (Cap. 91): Relevant for ensuring proper classification of consultant as independent contractor rather than employee

Central Provident Fund Act: Important for establishing non-employee status and avoiding mandatory CPF contributions

Employment of Foreign Manpower Act: Applicable if the marketing consultant is a foreign individual working in Singapore

Personal Data Protection Act 2012: Governs collection, use, and disclosure of personal data in marketing activities

Spam Control Act 2007: Regulates unsolicited commercial messages in digital marketing activities

Copyright Act (Cap. 63): Protects original works created during the consultancy and determines ownership

Trade Marks Act (Cap. 332): Relevant for marketing materials involving company trademarks and branding

Patents Act (Cap. 221): May be relevant if marketing involves patented technologies or innovations

Competition Act (Cap. 50B): Governs anti-competitive practices and affects non-compete clause provisions

Broadcasting Act: Regulates broadcast advertising and media content in Singapore

ASAS Guidelines: Advertising Standards Authority of Singapore guidelines for ethical advertising practices

Consumer Protection (Fair Trading) Act: Ensures marketing practices are fair and do not mislead consumers

Income Tax Act: Governs taxation of consultant fees and related income

Goods and Services Tax Act: Regulates GST obligations for consulting services provided in Singapore

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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