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Consultant Retainer Agreement
"I need a Consultant Retainer Agreement under Austrian law for a cybersecurity consulting firm providing monthly IT security audits and incident response services to our financial services company, with a monthly retainer of 鈧15,000 starting March 2025."
1. Parties: Identification of the client and consultant, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the consultant's expertise and client's requirements
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Intellectual Property', etc.
4. Scope of Services: Detailed description of the consulting services covered under the retainer arrangement
5. Term and Termination: Duration of the retainer agreement, renewal terms, and termination provisions
6. Retainer Fee and Payment Terms: Monthly/periodic retainer amount, payment schedule, additional fees, and expense reimbursement
7. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee
8. Consultant's Obligations: Key responsibilities, availability, quality standards, and reporting requirements
9. Client's Obligations: Client's responsibilities including providing necessary information and access
10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance measures and data processing obligations
13. Liability and Indemnification: Limitation of liability and indemnification provisions under Austrian law
14. General Provisions: Standard clauses including notices, amendments, severability, and governing law
1. Non-Competition: Restrictions on consultant's work with competitors - optional based on nature of services
2. Insurance: Professional liability insurance requirements - recommended for high-risk consultancy
3. Performance Metrics: Specific KPIs and performance standards - useful for measurable consulting outcomes
4. Substitute Consultants: Terms for allowing/restricting delegation of services to other consultants
5. Emergency Services: Provisions for urgent work outside regular scope - relevant for crisis management consultants
6. Training and Knowledge Transfer: Requirements for training client's staff - relevant for implementation projects
7. Client References: Terms for using client as reference - important for marketing-focused consultants
1. Schedule A - Scope of Services: Detailed breakdown of regular services covered under the retainer
2. Schedule B - Fee Schedule: Detailed fee structure, including retainer calculations and additional service rates
3. Schedule C - Service Levels: Specific response times, availability, and performance standards
4. Schedule D - Key Personnel: List of primary consultant(s) and any approved substitutes
5. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and security measures
6. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms and information handling procedures
Authors
Professional Services
Management Consulting
Information Technology
Financial Services
Healthcare
Manufacturing
Energy
Real Estate
Telecommunications
Environmental Services
Education
Legal Services
Marketing and Advertising
Human Resources
Research and Development
Legal
Procurement
Human Resources
Finance
Operations
Compliance
Risk Management
Contract Management
Business Development
Strategy
Project Management Office
Executive Leadership
Chief Executive Officer
Legal Counsel
Procurement Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Project Manager
Business Development Director
Department Head
Managing Director
Compliance Officer
Contract Manager
Finance Director
Risk Manager
Strategy Director
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