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Retainership Contract Template for Philippines

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Key Requirements PROMPT example:

Retainership Contract

"I need a Retainership Contract for an IT consulting firm providing ongoing technical support and maintenance services to our Philippines-based e-commerce company, with monthly reporting requirements and service level agreements, starting March 1, 2025."

Document background
The Retainership Contract is a essential legal instrument used in the Philippines when establishing ongoing professional service relationships. It is particularly relevant when a client requires regular access to professional services and wishes to secure them through a fixed periodic payment arrangement. This document type is commonly used for legal, consulting, IT, or other professional services where consistent availability and defined scope of work are crucial. The contract must comply with Philippine law, including the Civil Code, Professional Regulation Code, and relevant industry regulations. It typically includes detailed provisions on service scope, payment terms, confidentiality, and termination conditions, while considering local business practices and legal requirements. This agreement type is distinct from standard service contracts as it ensures priority access to services and often includes preferential terms for the retaining party.
Suggested Sections

1. Parties: Identifies and provides full details of the retaining party and the retained professional/firm

2. Background: Contextual information explaining the purpose of the retainership and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

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

5. Term and Renewal: Duration of the retainership and conditions for renewal or extension

6. Retainer Fees and Payment Terms: Monthly/periodic retainer amount, payment schedule, and billing procedures

7. Obligations of the Retained Party: Key responsibilities and commitments of the professional/firm providing services

8. Obligations of the Retaining Party: Responsibilities of the client, including providing necessary information and access

9. Confidentiality: Provisions for handling confidential information shared during the engagement

10. Termination: Grounds and procedures for ending the retainership agreement

11. Governing Law and Jurisdiction: Specifies Philippine law as governing law and relevant jurisdiction for disputes

Optional Sections

1. Non-Compete: Restrictions on providing similar services to competitors, used when sensitive industry knowledge is involved

2. Intellectual Property Rights: Ownership and usage rights of work products, important for creative or technical services

3. Insurance and Liability: Professional liability insurance requirements and limitation of liability provisions

4. Force Majeure: Provisions for unforeseen circumstances preventing performance

5. Data Protection: Specific provisions for handling personal data, required if dealing with personal information

6. Anti-Corruption Compliance: Required for government-related services or when dealing with public sector

7. Exclusivity: Used when the retained party is to work exclusively for the retaining party

8. Performance Metrics: Specific KPIs or service levels, useful for measuring service quality

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of services covered under the retainership

2. Schedule B - Fee Structure: Detailed breakdown of fees, including hourly rates for additional services

3. Schedule C - Key Personnel: List of key professionals assigned to provide the services

4. Schedule D - Service Levels: Specific performance metrics and service level agreements

5. Appendix 1 - Required Reports: Templates or formats for regular reporting requirements

6. Appendix 2 - Communication Protocol: Procedures for routine communications and escalations

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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

Legal Services

Professional Services

Healthcare

Information Technology

Management Consulting

Financial Services

Engineering

Architecture

Education

Public Sector

Non-Profit

Media and Communications

Human Resources

Marketing and Advertising

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Compliance

Project Management

Business Development

Contract Management

Risk Management

Corporate Affairs

Administration

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Head of Procurement

Chief Financial Officer

Human Resources Director

Operations Manager

Compliance Officer

Project Manager

Department Head

Managing Partner

Professional Services Director

Corporate Secretary

Business Development Manager

Contract 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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