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Retainer Fee Agreement

Retainer Fee Agreement Template for Austria

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Key Requirements PROMPT example:

Retainer Fee Agreement

"I need a Retainer Fee Agreement for my IT consulting firm based in Vienna, providing monthly technical support services to a medium-sized manufacturing company, with a fixed monthly fee of €5,000 and specific service level requirements for response times."

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Document background
The Retainer Fee Agreement is essential for establishing long-term professional service relationships under Austrian law. It is commonly used when a client requires regular access to professional services and wishes to secure priority attention from the service provider. The document details the retainer fee structure, service scope, and delivery terms while ensuring compliance with Austrian legal requirements, including the ABGB and UGB. This agreement type is particularly valuable for businesses and professionals who need to formalize recurring service arrangements, ensuring clarity in terms of service availability, response times, and payment obligations. The retainer model often provides benefits such as priority access, predictable costs, and guaranteed service availability.
Suggested Sections

1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and brief description of the parties' intent to enter into a retainer arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Service Period', etc.

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

5. Retainer Fee Structure: Amount of the retainer fee, what it covers, and how it will be applied to services

6. Payment Terms: Timing and method of payment, invoicing procedures, and handling of additional charges

7. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

8. Obligations of the Service Provider: Key responsibilities and commitments of the service provider

9. Obligations of the Client: Client's responsibilities, including providing necessary information and cooperation

10. Confidentiality: Provisions for handling confidential information exchanged during the service relationship

11. Intellectual Property: Ownership and usage rights of any intellectual property created during the service provision

12. Liability and Indemnification: Limitations of liability and indemnification obligations of both parties

13. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Service Level Agreement: Used when specific performance metrics or response times need to be established

2. Data Protection: Detailed section required when personal data processing is involved, ensuring GDPR compliance

3. Non-Compete: Added when restrictions on working with competitors need to be established

4. Force Majeure: Included when specific provisions for handling unforeseen circumstances are needed

5. Insurance: Required when specific insurance coverage needs to be maintained by either party

6. Dispute Resolution: Alternative dispute resolution procedures if parties prefer methods other than court litigation

7. Assignment: Added when transfer of rights or obligations needs to be specifically regulated

8. Subcontracting: Included when the service provider may need to engage subcontractors

Suggested Schedules

1. Schedule A - Detailed Service Description: Comprehensive list and description of services covered by the retainer

2. Schedule B - Fee Schedule: Detailed breakdown of the retainer fee, hourly rates, and additional charges

3. Schedule C - Service Level Metrics: Specific performance indicators and service levels if applicable

4. Schedule D - Key Personnel: List of key team members assigned to provide the services

5. Schedule E - Reporting Requirements: Format and frequency of progress reports and performance updates

6. Appendix 1 - Communication Protocol: Procedures for routine communications and escalation paths

7. Appendix 2 - Data Processing Agreement: Required when personal data processing is involved under GDPR

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Professional Services

Management Consulting

Accounting and Tax

IT Services

Business Advisory

Marketing and PR

Engineering Services

Financial Services

Healthcare Consulting

Relevant Teams

Legal

Finance

Procurement

Operations

Business Development

Client Relations

Compliance

Professional Services

Account Management

Contract Administration

Relevant Roles

Chief Legal Officer

General Counsel

Managing Partner

Business Development Manager

Contract Manager

Procurement Manager

Finance Director

Chief Financial Officer

Professional Services Manager

Operations Director

Legal Counsel

Compliance Officer

Account Manager

Client Relations Manager

Service Delivery Manager

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contract formation, validity, performance, and termination. Particularly relevant sections include §§859-937 on contracts in general and §§1151-1164 on service contracts.
Austrian Commercial Code (UGB): Regulates commercial relationships and transactions between businesses. Relevant for retainer agreements between commercial entities, particularly regarding payment terms and commercial customs.
Consumer Protection Act (KSchG): If the client is a consumer, this law provides mandatory protection rights, including cancellation rights and requirements for clear fee disclosures.
Austrian Fee Disclosure Act (RATG): Governs fee arrangements and billing practices, particularly relevant if the retainer agreement involves legal services.
Data Protection Act (DSG): Implements GDPR requirements in Austria, relevant for handling client data and confidentiality provisions in the retainer agreement.
E-Commerce Act (ECG): Relevant if the retainer agreement is concluded electronically or if services are provided through electronic means.
Professional Regulations: Depending on the profession involved (e.g., lawyers, tax advisors, consultants), specific professional regulations regarding fee arrangements and professional conduct must be considered.
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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