The Hourly Retainer Agreement is designed for situations where regular, ongoing professional services are required but the exact scope or volume may vary month to month. This agreement, governed by English and Welsh law, provides a framework for charging services on an hourly basis while maintaining a committed professional relationship. It typically includes detailed provisions for service scope, hourly rates, minimum commitments, billing procedures, and service levels. This type of agreement is particularly useful for professional services where the workload may fluctuate but regular access to expertise is essential.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the retainer arrangement
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of services to be provided
5. Fees and Payment Terms: Hourly rates, billing procedures, and payment terms
6. Term and Termination: Duration and termination provisions
7. Obligations of the Parties: Key responsibilities of each party
8. Confidentiality: Provisions for protecting confidential information
9. Liability and Indemnification: Limitations of liability and indemnification obligations
10. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Service Levels: Specific performance metrics, use when detailed service standards are required
2. Intellectual Property: IP ownership and licenses, include when creative or technical work is involved
3. Non-Compete: Restrictions on competition, use when protecting business interests
4. Insurance: Insurance requirements, include for high-risk services
5. Data Protection: Specific provisions for handling personal data, required when processing personal information
1. Schedule of Services: Detailed breakdown of services to be provided
2. Rate Card: Detailed breakdown of hourly rates and charging structure
3. Key Personnel: List of key individuals providing services, if applicable
4. Service Level Requirements: Detailed performance metrics and standards, if applicable
5. Change Control Procedure: Process for implementing changes to services or rates
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