The Monthly Retainer Agreement is essential for businesses and professionals providing ongoing services in Australia where regular, predictable billing and service delivery are required. This agreement type is particularly useful for professional service providers who offer continuous support, advisory services, or regular deliverables to their clients. It establishes clear expectations regarding service scope, delivery timeframes, and payment terms while ensuring compliance with Australian legal requirements, including the Competition and Consumer Act 2010 and relevant state-based legislation. The agreement is structured to protect both service provider and client interests, incorporating necessary provisions for service standards, confidentiality, intellectual property rights, and termination conditions.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the retainer arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided under the retainer
5. Term: Specifies the initial term and any renewal provisions
6. Fees and Payment Terms: Details of the monthly retainer fee, payment schedule, and invoicing process
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Intellectual Property: Ownership and rights related to any IP created during service provision
10. Confidentiality: Obligations regarding confidential information
11. Termination: Grounds and process for termination of the agreement
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Service Levels: Specific performance metrics and standards, used when service quality needs to be quantifiably measured
2. Additional Services: Process for requesting and charging for services beyond the retainer scope, included when flexibility is needed
3. Non-Solicitation: Prevents hiring of each other's staff, included for professional services agreements
4. Insurance: Insurance requirements, included for high-risk or regulated services
5. Data Protection: Specific data handling obligations, included when personal or sensitive data is involved
6. Force Majeure: Provisions for unforeseen circumstances, included for longer-term or critical service arrangements
7. Dispute Resolution: Specific dispute resolution procedures, included for high-value or complex arrangements
1. Schedule 1 - Services Description: Detailed breakdown of services covered by the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any variable components
3. Schedule 3 - Service Levels: Specific performance metrics and response times if applicable
4. Schedule 4 - Key Personnel: List of key team members assigned to the retainer if applicable
5. Appendix A - Report Templates: Standard templates for regular reporting if required
6. Appendix B - Communication Protocols: Agreed procedures for routine communications and escalations
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