The Professional Services Retainer Agreement is designed for use in the United Arab Emirates when establishing long-term professional service relationships between service providers and clients. This document is particularly relevant in situations where regular or ongoing professional services are required, and parties wish to establish a framework for consistent service delivery and payment terms. The agreement complies with UAE federal laws and regulations, including the UAE Civil Code and Commercial Transactions Law, while incorporating international best practices in professional services contracting. It contains essential provisions for service scope, performance standards, payment terms, and risk allocation, along with specific clauses required under UAE law. This type of agreement is commonly used by consulting firms, professional service providers, and businesses seeking to secure regular access to professional expertise while maintaining flexibility in service delivery.
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1. Parties: Identification of the service provider and client, including full legal names, addresses, and registration details as required by UAE law
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Defined terms used throughout the agreement, including specific professional services terminology
4. Scope of Services: Detailed description of the professional services to be provided under the retainer arrangement
5. Term and Renewal: Duration of the retainer agreement and provisions for extension or renewal
6. Fees and Payment Terms: Monthly retainer fee, payment schedule, expenses, and invoicing procedures
7. Service Provider's Obligations: Key responsibilities, performance standards, and delivery requirements
8. Client's Obligations: Client responsibilities, including provision of information and access necessary for service delivery
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and usage rights of pre-existing and created intellectual property
11. Limitation of Liability: Caps on liability and exclusions in accordance with UAE law
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Service Level Agreement: Detailed performance metrics and service levels, used when specific measurable standards are required
2. Non-Competition: Restrictions on competitive activities, included when the service provider may have access to sensitive market information
3. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant in long-term retainers
4. Insurance: Insurance requirements and coverage levels, included when services involve significant risks
5. Data Protection: Specific data handling and protection requirements, included when personal or sensitive data is processed
6. Compliance with Laws: Specific regulatory compliance requirements, included when services are in regulated industries
7. Anti-Corruption: Anti-bribery and corruption provisions, particularly important for international clients
8. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, included when relevant to service delivery model
1. Schedule 1 - Scope of Services: Detailed breakdown of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed fee structure, including hourly rates for additional services
3. Schedule 3 - Key Personnel: List of key service provider personnel assigned to the client
4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements
5. Schedule 5 - Reports and Deliverables: Format and frequency of required reports and deliverables
6. Appendix A - Client Policies: Relevant client policies that the service provider must comply with
7. Appendix B - Communication Protocol: Procedures for routine communications and escalations
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