The Retainer Fee Agreement is a crucial document for establishing long-term professional service relationships in Hong Kong's business environment. It is typically used when a client requires regular access to professional services and wishes to secure priority attention from the service provider through a committed fee arrangement. The document addresses key aspects including service scope, fee structure, performance standards, and compliance with Hong Kong regulations. This agreement type is particularly valuable for businesses seeking consistent professional support while maintaining cost predictability and ensuring service availability. The document must comply with Hong Kong's contract law principles, professional services regulations, and relevant industry-specific requirements.
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1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of why the parties are entering into this retainer arrangement
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement
5. Retainer Fee and Payment Terms: Specification of the retainer amount, payment schedule, and what services are covered under the retainer
6. Term and Renewal: Duration of the retainer agreement and conditions for renewal
7. Obligations of the Service Provider: Specific duties and responsibilities of the service provider
8. Obligations of the Client: Client's responsibilities and commitments under the agreement
9. Confidentiality: Provisions regarding the handling and protection of confidential information
10. Termination: Conditions and procedures for terminating the agreement
11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Additional Services: Details of services available beyond the retainer scope and associated fees - include when the retainer allows for additional services beyond the basic scope
2. Performance Metrics: Specific benchmarks or KPIs for service delivery - include when service quality measurement is crucial
3. Intellectual Property Rights: Provisions regarding ownership and use of IP created during service provision - include when services involve creative or technical work
4. Data Protection: Detailed provisions for handling personal data - include when significant personal data processing is involved
5. Force Majeure: Provisions for unforeseen circumstances - include for longer-term or high-value retainers
6. Non-Solicitation: Restrictions on hiring each other's employees - include for professional services firms
7. Insurance: Requirements for professional indemnity or other insurance - include for high-risk services
8. Conflict Resolution: Detailed dispute resolution procedures - include for complex or high-value retainers
1. Schedule 1 - Detailed Scope of Services: Comprehensive breakdown of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including retainer amount, additional service rates, and expenses
3. Schedule 3 - Service Level Agreement: Specific performance standards, response times, and service delivery metrics
4. Schedule 4 - Key Personnel: List of key team members assigned to provide the services
5. Appendix A - Communication Protocol: Procedures for routine communications, reporting, and escalation
6. Appendix B - Compliance Requirements: Specific regulatory or professional requirements applicable to the services
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Consulting
Accounting and Financial Services
Marketing and Public Relations
Information Technology
Business Advisory
Human Resources
Management Consulting
Creative Services
Engineering Services
Healthcare Services
Professional Training
Real Estate Services
Relevant Teams
Legal
Finance
Procurement
Operations
Business Development
Compliance
Contract Management
Professional Services
Project Management
Account Management
Human Resources
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Operations Director
Business Development Manager
Finance Manager
Compliance Officer
Contract Manager
Professional Services Director
Managing Partner
Department Head
Project Manager
Account Manager
Human Resources Director
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