The Retainer Fee Agreement is essential for professional service providers who wish to establish a formal, ongoing relationship with their clients under Belgian law. This document is typically used when a client requires regular access to professional services and prefers a predetermined fee structure rather than ad-hoc billing. The agreement details the scope of services covered by the retainer, payment terms, service levels, and the responsibilities of both parties. It's particularly valuable for situations requiring consistent professional support, such as legal counsel, business advisory, or technical services. The document must comply with Belgian contract law, professional services regulations, and relevant industry-specific requirements. It should address key aspects such as service delivery, confidentiality, intellectual property rights, and termination conditions while incorporating specific Belgian legal requirements regarding professional service contracts.
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1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services covered under the retainer arrangement
5. Retainer Fee and Payment Terms: Amount of retainer fee, payment schedule, method of payment, and handling of additional charges
6. Term and Renewal: Duration of the agreement and conditions for renewal
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: Obligations regarding confidential information handling
10. Intellectual Property: Ownership and usage rights of any intellectual property created or used
11. Termination: Conditions and process for terminating the agreement
12. Liability and Indemnification: Limitations of liability and indemnification provisions
13. General Provisions: Standard legal provisions including notices, amendments, governing law, etc.
1. Non-Compete: Restrictions on service provider working with competing clients, used when sensitive industry knowledge is involved
2. Data Protection: Specific GDPR compliance provisions, required when personal data processing is involved
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
4. Insurance: Requirements for professional indemnity insurance, relevant for high-risk services
5. Anti-Corruption: Compliance with anti-corruption laws, particularly important for international arrangements
6. Dispute Resolution: Specific procedures for handling disputes, such as mediation or arbitration
7. Assignment: Rights and restrictions regarding transfer of the agreement, relevant for corporate clients
1. Schedule 1 - Detailed Service Description: Comprehensive list and description of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including hourly rates for additional services
3. Schedule 3 - Service Levels: Specific performance metrics and service level agreements
4. Schedule 4 - Key Personnel: List of key team members and their roles
5. Appendix A - Communication Protocol: Procedures for regular communications and reporting
6. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements
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