The Consultant Retainer Agreement is essential for businesses operating in Nigeria that require ongoing professional services from independent consultants or consulting firms. This document is particularly important in the Nigerian business context, where clear distinction between employment and consultancy relationships is crucial for legal and tax purposes. The agreement typically includes comprehensive terms covering service scope, payment structures, confidentiality, intellectual property rights, and dispute resolution mechanisms, all aligned with Nigerian federal and state laws. It's commonly used when a business needs regular access to specialized expertise without creating an employer-employee relationship, and can be customized for various industries and service types while maintaining compliance with Nigerian legal requirements.
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1. Parties: Identification of the client and consultant, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the parties' intention to enter into a consultancy arrangement
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Appointment and Scope of Services: Terms of consultant's appointment and detailed description of services to be provided
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
6. Fees and Payment Terms: Retainer amount, payment schedule, expenses, and invoicing procedures
7. Consultant's Obligations: Key responsibilities, service standards, and performance expectations
8. Client's Obligations: Client's responsibilities including provision of information and resources
9. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not an employee
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property Rights: Ownership and usage rights of materials created during the engagement
12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
13. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law
1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when consultant will have access to sensitive competitive information
2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers, included when consultant will have significant contact with these stakeholders
3. Insurance: Requirements for professional indemnity or other insurance coverage, important for high-risk consultancy services
4. Performance Metrics: Specific KPIs or performance standards, used when consultancy services can be objectively measured
5. Compliance with Specific Regulations: Added when consultancy involves regulated industries or activities
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term retainers
7. Data Protection: Specific provisions for handling personal data, required when consultant will process personal information
8. Anti-Corruption: Compliance with anti-corruption laws, important for consultancies involving government or public sector work
1. Schedule A - Scope of Services: Detailed description of specific services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Key Personnel: List of key consultant personnel assigned to provide services
4. Schedule D - Service Levels: Specific performance standards and metrics if applicable
5. Schedule E - Client Materials and Resources: List of materials, information, and resources to be provided by client
6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements
7. Appendix 2 - Compliance Policies: Relevant client policies consultant must comply with
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