The Contractor Retainer Agreement is designed for situations where a business requires regular access to a contractor's services on an ongoing basis, rather than for specific one-off projects. This document, compliant with New Zealand law, provides a structured framework for managing the commercial relationship between the client and contractor, defining service expectations, payment arrangements, and operational requirements. It's particularly useful when businesses need consistent access to specialized skills or services without the commitment of permanent employment, while ensuring clarity on the contractor status and compliance with relevant New Zealand legislation including the Contract and Commercial Law Act 2017 and related regulations.
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1. Parties: Identifies and provides full legal details of the contracting parties - the business/client and the contractor
2. Background: Sets out the context of the agreement and the parties' intentions to enter into a retainer arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Engagement and Scope: Establishes the contractor's engagement and defines the broad scope of services to be provided under the retainer
5. Term and Renewal: Specifies the initial term of the retainer and any renewal provisions
6. Retainer Fee and Payment Terms: Details the regular retainer fee, payment schedule, and any additional charging mechanisms
7. Service Delivery: Outlines how services will be delivered, including availability, response times, and service standards
8. Contractor Status: Clearly establishes the independent contractor relationship and distinguishes from employment
9. Obligations of the Contractor: Lists the contractor's key responsibilities and obligations under the agreement
10. Obligations of the Client: Specifies what the client must provide or do to enable the contractor to perform the services
11. Intellectual Property: Addresses ownership and usage rights of any IP created during the service provision
12. Confidentiality: Sets out confidentiality obligations for both parties
13. Liability and Indemnity: Defines liability limits and indemnification obligations
14. Termination: Specifies how the agreement can be terminated by either party
15. General Provisions: Includes standard boilerplate clauses such as notices, amendment process, and governing law
1. Non-Compete: Restricts the contractor from competing with the client's business - only include if specifically required and ensure compliance with competition law
2. Insurance Requirements: Specifies required insurance coverage - include when the services involve significant risks or professional services
3. Performance Metrics: Establishes KPIs and performance measurement criteria - include for complex service arrangements
4. Compliance with Policies: Requires adherence to client's internal policies - include when contractor will work closely with client's operations
5. Subcontracting: Addresses whether and how the contractor can subcontract services - include for larger service arrangements
6. Data Protection: Detailed data handling requirements - include when personal or sensitive data processing is involved
7. Work Health and Safety: Specific health and safety obligations - include when services involve on-site work or hazardous activities
8. Dispute Resolution: Detailed dispute resolution procedures - include for high-value or complex arrangements
1. Schedule 1 - Services Description: Detailed description of services to be provided under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional work, and expenses policy
3. Schedule 3 - Service Levels: Specific service levels, response times, and performance standards
4. Schedule 4 - Key Personnel: Details of key contractor personnel who will provide the services
5. Schedule 5 - Client Materials and Resources: List of materials, access, and resources to be provided by the client
6. Appendix A - Contractor Policies: Relevant contractor policies that apply to service delivery
7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements
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