The Consultant Retainer Agreement is designed for situations where a business requires ongoing access to professional consulting services rather than project-based engagements. This document, governed by Maltese law and compliant with EU regulations, establishes a framework for continuous professional services while maintaining the consultant's independent status. It addresses key aspects such as service scope, retainer fees, intellectual property rights, confidentiality, and data protection requirements under both Maltese and EU law. The agreement is particularly suitable for long-term consulting relationships where regular access to expertise is needed, and includes provisions for service levels, performance metrics, and compliance with local professional services regulations.
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1. Parties: Identification of the client and consultant, including full legal names, registration numbers (if applicable), and registered addresses
2. Background: Context of the agreement, brief description of the client's business, and the consultant's expertise
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of the consultant's appointment and general scope of services
5. Term and Renewal: Duration of the retainer agreement and renewal provisions
6. Services: Detailed description of the consulting services to be provided
7. Fees and Payment: Retainer fee structure, payment terms, expenses, and invoicing procedures
8. Consultant's Obligations: Key responsibilities, service standards, and compliance requirements
9. Client's Obligations: Client's responsibilities, including provision of information and cooperation
10. Intellectual Property: Ownership and rights related to work products and pre-existing IP
11. Confidentiality: Confidentiality obligations and handling of sensitive information
12. Data Protection: GDPR compliance and data handling procedures
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Termination: Grounds for termination, notice periods, and consequences of termination
15. General Provisions: Standard clauses including notices, entire agreement, governing law, and jurisdiction
1. Non-Compete: Restrictions on consultant's competitive activities, used when the consultant will have access to sensitive business information
2. Insurance: Insurance requirements for the consultant, included when specific professional insurance coverage is needed
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term retainers
4. Assignment and Subcontracting: Rules regarding transfer of rights and use of subcontractors, included when relevant to the service delivery model
5. Performance Metrics: Specific KPIs and performance evaluation criteria, used when quantifiable metrics are important
6. Compliance with Anti-Corruption Laws: Additional compliance provisions, included for high-value or public sector contracts
7. Client Equipment and Resources: Terms regarding use of client resources, included when consultant needs access to client systems or facilities
1. Schedule 1 - Services Description: Detailed breakdown of services to be provided under the retainer
2. Schedule 2 - Fee Schedule: Detailed fee structure, including hourly rates, retainer calculations, and expense categories
3. Schedule 3 - Service Levels: Specific service levels and performance standards
4. Schedule 4 - Key Personnel: Details of key consultant personnel assigned to the client
5. Appendix A - Compliance Requirements: Specific regulatory or professional requirements applicable to the services
6. Appendix B - Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed
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