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Retainership Contract
"I need a Retainership Contract for an IT consulting firm providing ongoing technical support and maintenance services to our Philippines-based e-commerce company, with monthly reporting requirements and service level agreements, starting March 1, 2025."
1. Parties: Identifies and provides full details of the retaining party and the retained professional/firm
2. Background: Contextual information explaining the purpose of the retainership and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Services: Detailed description of the professional services to be provided under the retainership
5. Term and Renewal: Duration of the retainership and conditions for renewal or extension
6. Retainer Fees and Payment Terms: Monthly/periodic retainer amount, payment schedule, and billing procedures
7. Obligations of the Retained Party: Key responsibilities and commitments of the professional/firm providing services
8. Obligations of the Retaining Party: Responsibilities of the client, including providing necessary information and access
9. Confidentiality: Provisions for handling confidential information shared during the engagement
10. Termination: Grounds and procedures for ending the retainership agreement
11. Governing Law and Jurisdiction: Specifies Philippine law as governing law and relevant jurisdiction for disputes
1. Non-Compete: Restrictions on providing similar services to competitors, used when sensitive industry knowledge is involved
2. Intellectual Property Rights: Ownership and usage rights of work products, important for creative or technical services
3. Insurance and Liability: Professional liability insurance requirements and limitation of liability provisions
4. Force Majeure: Provisions for unforeseen circumstances preventing performance
5. Data Protection: Specific provisions for handling personal data, required if dealing with personal information
6. Anti-Corruption Compliance: Required for government-related services or when dealing with public sector
7. Exclusivity: Used when the retained party is to work exclusively for the retaining party
8. Performance Metrics: Specific KPIs or service levels, useful for measuring service quality
1. Schedule A - Scope of Services: Detailed breakdown of services covered under the retainership
2. Schedule B - Fee Structure: Detailed breakdown of fees, including hourly rates for additional services
3. Schedule C - Key Personnel: List of key professionals assigned to provide the services
4. Schedule D - Service Levels: Specific performance metrics and service level agreements
5. Appendix 1 - Required Reports: Templates or formats for regular reporting requirements
6. Appendix 2 - Communication Protocol: Procedures for routine communications and escalations
Authors
Applicable Law
Business Day
Confidential Information
Effective Date
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Personnel
Notice
Party/Parties
Professional Services
Renewal Term
Retainer Fee
Retaining Party
Retained Party
Schedule of Services
Service Hours
Service Levels
Term
Territory
Additional Services
Deliverables
Material Breach
Personnel
Professional Standards
Records
Related Entities
Representatives
Response Time
Service Location
Working Hours
Term and Duration
Scope of Services
Appointment
Retainer Fees
Payment Terms
Service Delivery
Professional Obligations
Client Obligations
Representations and Warranties
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Personnel
Record Keeping
Reporting
Quality Assurance
Performance Standards
Insurance
Limitation of Liability
Indemnification
Force Majeure
Termination
Consequences of Termination
Assignment
Notices
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Anti-Corruption
Compliance with Laws
Relationship of Parties
Legal Services
Professional Services
Healthcare
Information Technology
Management Consulting
Financial Services
Engineering
Architecture
Education
Public Sector
Non-Profit
Media and Communications
Human Resources
Marketing and Advertising
Legal
Procurement
Finance
Human Resources
Operations
Compliance
Project Management
Business Development
Contract Management
Risk Management
Corporate Affairs
Administration
Chief Executive Officer
Chief Legal Officer
General Counsel
Head of Procurement
Chief Financial Officer
Human Resources Director
Operations Manager
Compliance Officer
Project Manager
Department Head
Managing Partner
Professional Services Director
Corporate Secretary
Business Development Manager
Contract Manager
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