This Retainer Contract is designed for use in New Zealand when establishing ongoing professional service relationships where regular access to services is required. It is particularly suitable for situations where clients need consistent access to professional expertise or services on a recurring basis. The document includes essential provisions required under New Zealand law, including those governed by the Contract and Commercial Law Act 2017, while addressing practical aspects such as service scope, payment terms, and performance standards. This type of agreement is commonly used by professional service providers who offer regular, ongoing services rather than one-off projects, providing both parties with clarity on their rights, obligations, and the commercial terms of their relationship.
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1. Parties: Identifies and defines the service provider and the client with full legal names and addresses
2. Background: Outlines the context of the retainer relationship and the general purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and precision
4. Scope of Services: Clearly defines the services covered under the retainer arrangement
5. Term and Renewal: Specifies the initial term of the retainer and any renewal provisions
6. Fees and Payment Terms: Details the retainer fee structure, payment schedule, and billing procedures
7. Service Provider's Obligations: Lists the key responsibilities and commitments of the service provider
8. Client's Obligations: Outlines the client's responsibilities and requirements for enabling service delivery
9. Confidentiality: Establishes confidentiality obligations for both parties
10. Termination: Specifies conditions and procedures for ending the retainer arrangement
11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Intellectual Property: Required when services involve creation or use of intellectual property
2. Service Levels: Needed when specific performance metrics or response times are crucial
3. Insurance and Liability: Important for high-risk services or when professional indemnity is required
4. Data Protection: Required when personal data processing is involved
5. Non-Competition: Used when protecting against competitive activities is necessary
6. Force Majeure: Important for long-term retainers or when service interruption risks need addressing
7. Dispute Resolution: Useful for high-value retainers or when specific dispute processes are preferred
8. Assignment and Subcontracting: Needed when transfer of rights or use of subcontractors may be relevant
1. Schedule 1: Detailed Service Specifications: Detailed breakdown of services, deliverables, and performance standards
2. Schedule 2: Fee Schedule: Detailed fee structure, rates, and payment terms including any variable components
3. Schedule 3: Key Personnel: Lists key team members and their roles if specific personnel are crucial to the service
4. Schedule 4: Service Level Agreement: Detailed service levels, response times, and performance metrics if applicable
5. Appendix A: Contact Details: Contact information for key personnel and authorized representatives
6. Appendix B: Reporting Requirements: Ƶ and specifications for required reports and communications
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