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Monthly Retainer Agreement Template for Australia

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Key Requirements PROMPT example:

Monthly Retainer Agreement

"I need a Monthly Retainer Agreement for my IT consulting firm to provide ongoing technical support services to enterprise clients in Australia, with specific provisions for service level agreements and after-hours support."

Document background
The Monthly Retainer Agreement is essential for businesses and professionals providing ongoing services in Australia where regular, predictable billing and service delivery are required. This agreement type is particularly useful for professional service providers who offer continuous support, advisory services, or regular deliverables to their clients. It establishes clear expectations regarding service scope, delivery timeframes, and payment terms while ensuring compliance with Australian legal requirements, including the Competition and Consumer Act 2010 and relevant state-based legislation. The agreement is structured to protect both service provider and client interests, incorporating necessary provisions for service standards, confidentiality, intellectual property rights, and termination conditions.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the retainer arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided under the retainer

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

6. Fees and Payment Terms: Details of the monthly retainer fee, payment schedule, and invoicing process

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. Intellectual Property: Ownership and rights related to any IP created during service provision

10. Confidentiality: Obligations regarding confidential information

11. Termination: Grounds and process for termination of the agreement

12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Service Levels: Specific performance metrics and standards, used when service quality needs to be quantifiably measured

2. Additional Services: Process for requesting and charging for services beyond the retainer scope, included when flexibility is needed

3. Non-Solicitation: Prevents hiring of each other's staff, included for professional services agreements

4. Insurance: Insurance requirements, included for high-risk or regulated services

5. Data Protection: Specific data handling obligations, included when personal or sensitive data is involved

6. Force Majeure: Provisions for unforeseen circumstances, included for longer-term or critical service arrangements

7. Dispute Resolution: Specific dispute resolution procedures, included for high-value or complex arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of services covered by the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any variable components

3. Schedule 3 - Service Levels: Specific performance metrics and response times if applicable

4. Schedule 4 - Key Personnel: List of key team members assigned to the retainer if applicable

5. Appendix A - Report Templates: Standard templates for regular reporting if required

6. Appendix B - Communication Protocols: Agreed procedures for routine communications and escalations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Professional Services

Legal Services

Accounting and Finance

Management Consulting

Marketing and Advertising

Information Technology

Business Advisory

Creative Services

Public Relations

Digital Services

Healthcare Consulting

Engineering Services

Relevant Teams

Legal

Commercial

Business Development

Finance

Operations

Procurement

Risk and Compliance

Account Management

Project Management

Professional Services

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Account Manager

Managing Director

Chief Executive Officer

Operations Manager

Finance Manager

Procurement Manager

Commercial Manager

Project Manager

Professional Services Director

Partner

Chief Financial Officer

Risk 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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