The Retainer Agreement serves as a foundational document for establishing long-term professional service relationships under Irish law. It is typically used when a client requires regular access to professional services and wishes to secure priority service delivery through a pre-arranged fee structure. The agreement details the scope of services, response times, and resource allocation while ensuring compliance with Irish legal requirements and EU regulations, particularly GDPR. This document is essential for businesses seeking to formalize ongoing professional relationships, whether for legal services, consulting, marketing, or other professional services, providing clarity on service expectations, payment terms, and mutual obligations.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and general purpose of the retainer arrangement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services covered under the retainer
5. Retainer Fee and Payment Terms: Fee structure, payment schedule, and billing procedures
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Client responsibilities and requirements for cooperation
8. Term and Renewal: Duration of the agreement and renewal provisions
9. Confidentiality: Confidentiality obligations and information handling requirements
10. Data Protection: GDPR compliance and data handling procedures
11. Intellectual Property: Ownership and usage rights of work products
12. Limitation of Liability: Extent and limitations of service provider's liability
13. Termination: Conditions and procedures for ending the agreement
14. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Service Levels: Specific performance metrics and standards - include when service levels need to be quantified
2. Key Personnel: Named individuals responsible for service delivery - include for specialized services requiring specific expertise
3. Non-Compete: Restrictions on competitive activities - include for sensitive or specialized industries
4. Insurance: Insurance requirements and coverage - include for high-risk services
5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical services
6. Audit Rights: Client's right to audit service provider - include for regulated industries or compliance-heavy services
7. Subcontracting: Terms for engaging subcontractors - include when subcontracting may be needed
1. Schedule 1 - Scope of Services: Detailed breakdown of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and response times
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Appendix B - Contact Details: Contact information for key personnel and authorized representatives
Relevant legal definitions
Agreement
Services
Retainer Fee
Additional Services
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Personal Data
Professional Fees
Renewal Period
Representatives
Service Hours
Service Levels
Service Provider
Term
Territory
Working Hours
Data Protection Legislation
Controller
Processor
Applicable Laws
Group Company
Losses
Material Breach
Project
Response Time
Scope of Services
Services
Retainer Fee
Additional Services
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Personal Data
Professional Fees
Renewal Period
Representatives
Service Hours
Service Levels
Service Provider
Term
Territory
Working Hours
Data Protection Legislation
Controller
Processor
Applicable Laws
Group Company
Losses
Material Breach
Project
Response Time
Scope of Services
Clauses
Interpretation
Services
Appointment
Duration
Service Provider Obligations
Client Obligations
Fees and Payment
Invoicing
Service Levels
Key Personnel
Resources
Performance Standards
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment
Subcontracting
Notices
Variations
Waiver
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Services
Appointment
Duration
Service Provider Obligations
Client Obligations
Fees and Payment
Invoicing
Service Levels
Key Personnel
Resources
Performance Standards
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment
Subcontracting
Notices
Variations
Waiver
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Relevant Industries
Legal Services
Management Consulting
Professional Services
Marketing and Advertising
Information Technology
Financial Services
Business Advisory
Accounting Services
Human Resources
Public Relations
Digital Services
Healthcare Services
Engineering Services
Relevant Teams
Legal
Procurement
Finance
Operations
Commercial
Business Development
Compliance
Risk Management
Account Management
Service Delivery
Contract Administration
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Business Development Manager
Finance Director
Operations Manager
Project Manager
Account Director
Service Delivery Manager
Compliance Officer
Risk Manager
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