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Consultant Retainer Agreement
"I need a Consultant Retainer Agreement for a technology consulting firm providing cybersecurity services to our Philippines-based fintech company, with specific provisions for data protection and strict confidentiality requirements."
1. Parties: Identification of the client and consultant, including complete legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intent to enter into a consulting relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of consulting services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Retainer amount, payment schedule, and additional fees structure
7. Independent Contractor Relationship: Clear statement of consultant's status as independent contractor
8. Consultant's Obligations: Key responsibilities and performance standards
9. Client's Obligations: Client's responsibilities and commitments
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property Rights: Ownership and rights to work products and pre-existing IP
12. Representations and Warranties: Basic warranties about capacity and ability to perform services
13. Limitation of Liability: Limits on consultant's liability and indemnification provisions
14. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Non-Compete: Restrictions on consultant's ability to work with competitors (used when consultant will have access to sensitive competitive information)
2. Data Protection: Specific provisions for handling personal data under Philippine Data Privacy Act (used when consultant will handle personal data)
3. Force Majeure: Provisions for unforeseen circumstances preventing performance (particularly relevant post-COVID)
4. Insurance: Requirements for professional liability insurance (used for high-risk consulting work)
5. Dispute Resolution: Specific procedures for resolving disputes, such as mandatory mediation (used for high-value contracts)
6. Anti-Corruption: Compliance with anti-corruption laws (used when working with government entities or public sector)
7. Expenses: Detailed provisions for reimbursable expenses (used when significant expenses are expected)
1. Schedule A - Services Description: Detailed scope of work, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees, hourly rates, and payment terms
3. Schedule C - Key Personnel: List of approved consultant personnel who will provide services
4. Schedule D - Service Levels: Specific performance metrics and standards
5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements
6. Appendix 2 - Approved Client Materials: List of client materials consultant is authorized to use
Authors
Technology
Financial Services
Management Consulting
Healthcare
Education
Manufacturing
Real Estate
Construction
Energy
Telecommunications
Professional Services
Retail
Hospitality
Non-profit
Government Services
Legal
Procurement
Human Resources
Finance
Operations
Business Development
Risk Management
Compliance
Project Management Office
Administration
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Human Resources Director
Project Manager
Operations Director
Business Development Manager
Department Head
Managing Director
Finance Manager
Contracts Administrator
General Counsel
Company Secretary
Risk Manager
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