The Business Retainer Agreement is essential for establishing long-term professional service relationships under Irish law. It is typically used when a business requires regular access to professional services, such as consulting, legal, marketing, or technical support, on an ongoing basis. The agreement provides certainty of service availability while offering the service provider a stable income stream. This document includes detailed provisions for service scope, performance standards, payment terms, and professional obligations, all compliant with Irish legislation including the Sale of Goods and Supply of Services Act 1980, Competition Act 2002, and relevant EU regulations. The Business Retainer Agreement is particularly valuable for businesses seeking to secure priority access to professional services while maintaining cost predictability and service quality standards.
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1. Parties: Identifies and defines the service provider and client with full legal names and registered addresses
2. Background: Sets out the context of the agreement and general intention of the parties
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided under the retainer
5. Term and Renewal: Duration of the retainer agreement and renewal provisions
6. Fees and Payment Terms: Monthly retainer fee, payment schedule, invoicing process, and late payment consequences
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 the service provision
11. Limitation of Liability: Caps on liability and exclusions
12. Termination: Grounds for termination and notice requirements
13. Post-Termination Obligations: Obligations that survive after agreement termination
14. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law
1. Service Levels: Specific performance metrics and standards, used when service quality needs to be quantifiably measured
2. Data Protection: GDPR compliance provisions, required if personal data processing is involved
3. Non-Compete: Restrictions on working with competitors, used in sensitive industry sectors
4. Insurance: Specific insurance requirements, important for high-risk services
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, important for larger service providers
7. Dispute Resolution: Specific procedures for handling disputes, useful for high-value or complex services
1. Schedule 1 - Scope of Services: Detailed breakdown of services included in the retainer
2. Schedule 2 - Fee Schedule: Detailed fee structure, including any variable elements
3. Schedule 3 - Service Levels: Specific performance metrics and KPIs if applicable
4. Schedule 4 - Key Personnel: List of key team members responsible for service delivery
5. Schedule 5 - Reports and Deliverables: Format and frequency of required reports and deliverables
6. Appendix A - Communication Protocols: Agreed communication procedures and contact points
7. Appendix B - Change Request Process: Procedure for requesting and implementing changes to services
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