This Flat Fee Retainer Agreement is designed for use in the Australian market where a service provider wishes to establish a fixed-fee arrangement for ongoing professional services. The document is particularly relevant when parties seek to create a predictable cost structure while maintaining a continuous professional relationship. It incorporates requirements from Australian consumer law, state-specific professional regulations, and industry standards for service agreements. The agreement includes comprehensive provisions for service scope definition, payment terms, performance standards, and termination conditions, while ensuring compliance with mandatory cost disclosure requirements under Australian law. This template is specifically structured to protect both parties' interests while providing clarity on service deliverables and financial obligations in a fixed-fee context.
Flat Fee Retainer Agreement Template for Australia
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Key Requirements PROMPT example:
Flat Fee Retainer Agreement
"I need a Flat Fee Retainer Agreement for my IT consulting firm based in Melbourne, providing ongoing technical support services to a medium-sized retail company, with a monthly retainer of $5,000 starting March 2025."
1. Parties: Identifies and provides full details of the service provider and the client
2. Background: Outlines the context of the agreement and the parties' intention to enter into a retainer arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the services covered under the retainer
5. Retainer Fee and Payment Terms: Specifies the flat fee amount, payment schedule, and payment methods
6. Term and Renewal: Defines the duration of the agreement and any renewal provisions
7. Service Provider's Obligations: Lists the responsibilities and commitments of the service provider
8. Client's Obligations: Outlines the client's responsibilities and requirements
9. Confidentiality: Provisions regarding the handling of confidential information
10. Intellectual Property: Addresses ownership and usage rights of any IP created during the service
11. Termination: Conditions and process for ending the agreement
12. Dispute Resolution: Process for handling disagreements between parties
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
14. Execution: Signature blocks and execution details
1. Additional Services: Details how services beyond the retainer scope will be handled and charged
2. Conflicts of Interest: Specific provisions for identifying and handling potential conflicts
3. Force Majeure: Provisions for handling unforeseen circumstances preventing service delivery
4. Insurance: Details of required insurance coverage if applicable to the service type
5. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
6. Data Protection: Specific provisions for handling personal data if significant data processing is involved
7. Subcontracting: Terms regarding the use of subcontractors if relevant to the service delivery
8. Service Levels: Specific performance metrics and standards if applicable to the service type
1. Schedule A - Detailed Service Description: Comprehensive list and description of services covered under the retainer
2. Schedule B - Fee Schedule: Detailed breakdown of the retainer fee, payment milestones, and any additional cost structures
3. Schedule C - Key Personnel: List of key team members assigned to provide the services
4. Schedule D - Service Level Requirements: Specific performance metrics and response times if applicable
5. Appendix 1 - Cost Disclosure Statement: Mandatory legal profession cost disclosure as required by relevant legislation
6. Appendix 2 - Communication Protocols: Agreed procedures for routine communications and escalations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Consulting
Professional Services
Information Technology
Marketing and Communications
Business Advisory
Financial Services
Management Consulting
Creative Services
Engineering Services
Healthcare Services
Human Resources
Relevant Teams
Legal
Finance
Operations
Commercial
Procurement
Business Development
Client Services
Professional Services
Accounts
Compliance
Risk Management
Contract Administration
Relevant Roles
Chief Executive Officer
Managing Director
Chief Financial Officer
Legal Counsel
Contract Manager
Business Development Manager
Operations Manager
Finance Director
Professional Services Director
Account Manager
Project Manager
Procurement Manager
Commercial Manager
General Counsel
Practice Manager
Service Delivery Manager
Relationship Manager
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