The Professional Services Retainer Agreement is designed for use in New Zealand business contexts where ongoing professional services are required on a regular basis. This document is particularly suitable when a client needs consistent access to professional expertise or services over an extended period, rather than engaging on a project-by-project basis. It establishes a framework for service delivery, payment terms, and professional obligations while ensuring compliance with New Zealand legal requirements, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. The agreement is commonly used by consulting firms, professional service providers, and businesses seeking to formalize long-term professional service arrangements with clear terms and conditions.
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1. Parties: Identifies and defines the service provider and the client, including their legal details and addresses
2. Background: Sets out the context of the agreement and the parties' intentions for entering into the retainer arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Term and Appointment: Specifies the duration of the retainer agreement and the formal appointment of the service provider
5. Services: Outlines the core services to be provided under the retainer arrangement
6. Service Provider's Obligations: Details the key responsibilities and commitments of the service provider
7. Client's Obligations: Specifies the client's responsibilities and commitments to enable service delivery
8. Fees and Payment: Details the retainer fee structure, payment terms, and invoicing arrangements
9. Confidentiality: Establishes obligations regarding confidential information handling and protection
10. Intellectual Property: Addresses ownership and usage rights of intellectual property created during service delivery
11. Liability and Indemnity: Sets out liability limitations and indemnification obligations of both parties
12. Termination: Specifies circumstances and procedures for ending the agreement
13. General Provisions: Contains standard legal provisions including notices, assignment, and governing law
1. Service Levels: Detailed service performance standards and metrics - include when specific performance levels need to be guaranteed
2. Change Control: Process for managing changes to services or terms - include for complex or long-term arrangements
3. Data Protection: Specific data handling and privacy requirements - include when dealing with personal or sensitive information
4. Insurance: Insurance requirements and obligations - include for high-risk or regulated services
5. Non-Solicitation: Restrictions on hiring each other's personnel - include when intellectual capital protection is crucial
6. Dispute Resolution: Detailed dispute resolution procedures - include when specific resolution mechanisms are preferred
7. Force Majeure: Provisions for unforeseen circumstances - include when service continuity is critical
8. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries or services
1. Schedule 1 - Services Description: Detailed description of all services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Key Personnel: List of key personnel assigned to provide the services
5. Schedule 5 - Client Materials and Requirements: Details of materials, access, and resources to be provided by the client
6. Appendix A - Change Request Form: Template for requesting and documenting changes to services
7. Appendix B - Report Templates: Standard templates for regular reporting requirements
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