This Retainer Agreement template is designed for use under Dutch law when establishing ongoing professional service relationships. It serves as a comprehensive framework for arrangements where services are provided on a continuous basis in exchange for regular retainer fees. The document is particularly suited for professional service providers, consultants, and advisors operating in the Netherlands who wish to formalize long-term service arrangements with their clients. The agreement includes essential provisions required under Dutch law, including those governed by the Civil Code's provisions on service agreements (overeenkomst van opdracht), and can be customized to accommodate specific service types, payment structures, and industry requirements. It incorporates necessary safeguards for both service providers and clients while ensuring compliance with Dutch legal requirements regarding contract formation, service provision, and commercial relationships.
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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 relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: General description of services covered under the retainer
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Retainer Fee and Payment Terms: Fee structure, payment schedule, and invoicing procedures
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Confidentiality: Provisions for handling confidential information
10. Intellectual Property: Ownership and usage rights of any IP created during service provision
11. Termination: Conditions and procedures for ending the agreement
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Data Protection: Detailed GDPR compliance provisions, required when personal data processing is involved
2. Service Levels: Specific performance metrics and standards, useful for technical or measurable services
3. Non-Competition: Restrictions on competitive activities, relevant for sensitive or specialized services
4. Insurance: Insurance requirements and coverage details, important for high-risk services
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
6. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations, important for complex service arrangements
7. Compliance with Laws: Specific regulatory compliance requirements, necessary for regulated industries
1. Schedule 1 - Detailed Service Description: Comprehensive description of services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: List of key team members and their roles
5. Appendix A - Contact Details: Contact information for key stakeholders and authorized representatives
6. Appendix B - Reporting Templates: Standard formats for regular reporting and communications
Relevant legal definitions
Agreement
Applicable Law
Business Day
Client
Confidential Information
Deliverables
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Personnel
Notice
Personal Data
Renewal Term
Retainer Fee
Services
Service Hours
Service Level Requirements
Service Provider
Service Schedule
Term
Territory
VAT
Working Hours
Applicable Law
Business Day
Client
Confidential Information
Deliverables
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Personnel
Notice
Personal Data
Renewal Term
Retainer Fee
Services
Service Hours
Service Level Requirements
Service Provider
Service Schedule
Term
Territory
VAT
Working Hours
Clauses
Interpretation
Term and Duration
Services
Fees and Payment
Invoicing
Service Provider Obligations
Client Obligations
Key Personnel
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Notices
Amendments
Severability
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Corruption
Warranties
Record Keeping
Audit Rights
VAT and Taxation
Term and Duration
Services
Fees and Payment
Invoicing
Service Provider Obligations
Client Obligations
Key Personnel
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Notices
Amendments
Severability
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Corruption
Warranties
Record Keeping
Audit Rights
VAT and Taxation
Relevant Industries
Legal Services
Professional Services
Information Technology
Management Consulting
Marketing and Advertising
Financial Services
Accounting and Tax
Business Advisory
Creative Services
Engineering
Healthcare Consulting
HR Services
Relevant Teams
Legal
Procurement
Finance
Operations
Business Development
Compliance
Commercial
Account Management
Service Delivery
Human Resources
Risk Management
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Chief Financial Officer
Operations Director
Project Manager
Account Manager
Service Delivery Manager
Compliance Officer
Managing Partner
Finance Director
Commercial Director
General Counsel
HR Director
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