This Retainer Model Contract is specifically designed for use under Belgian law when establishing ongoing professional service relationships where regular, recurring services are provided against a fixed periodic fee. The document is particularly suitable for professional service providers, consultants, and advisors who wish to establish long-term service arrangements with their clients. It includes comprehensive provisions addressing Belgian legal requirements, including compliance with the Belgian Civil Code, Economic Law Code, and EU GDPR requirements. The contract structure accommodates various service types while ensuring compliance with Belgian invoicing, VAT, and payment term regulations. This template is designed to provide clarity on service scope, payment terms, and mutual obligations while offering flexibility to adapt to specific service arrangements.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and purpose of the retainer arrangement
3. Definitions: Key terms used throughout the agreement, including 'Retainer Fee', 'Services', and 'Service Period'
4. Scope of Services: Detailed description of services covered under the retainer arrangement
5. Retainer Terms: Specifics of the retainer arrangement, including monthly/annual fee structure and minimum commitment period
6. Payment Terms: Payment schedule, invoicing procedures, and handling of additional charges beyond retainer scope
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Client's responsibilities, including providing necessary information and access
9. Intellectual Property Rights: Ownership and usage rights of materials created during service provision
10. Confidentiality: Protection of confidential information exchanged during the engagement
11. Data Protection: GDPR compliance and data handling procedures
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Term and Termination: Duration of agreement and termination procedures
14. Governing Law and Jurisdiction: Specification of Belgian law application and dispute resolution procedures
1. Service Levels: Detailed service level agreements and performance metrics, used when specific performance standards need to be measured
2. Personnel: Key personnel provisions and requirements, included when specific team members are essential to service delivery
3. Non-Compete: Restrictions on competitive activities, used in sensitive industry sectors
4. Insurance: Specific insurance requirements, included for high-risk services or when required by industry regulations
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term retainer arrangements
6. Anti-Corruption: Compliance with anti-corruption laws, included when dealing with public sector or regulated industries
7. Assignment and Subcontracting: Rules for transferring rights or subcontracting services, included when relevant to service delivery model
1. Schedule 1 - Service Specification: Detailed breakdown of services covered under the retainer
2. Schedule 2 - Fee Structure: Detailed pricing, including retainer fees and rates for additional services
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement criteria
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
5. Schedule 5 - Escalation Procedure: Process for handling service issues and disputes
6. Appendix A - Contact Details: Key contacts for both parties
7. Appendix B - Required Documents: List of documents and information required from the client
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