The Client Retainer Agreement is essential for businesses operating in Indonesia that provide ongoing professional services to clients. This document type is commonly used when a service provider agrees to reserve capacity or provide regular services to a client in exchange for a fixed periodic fee. The agreement must comply with Indonesian law, particularly the Civil Code (KUHPerdata) and Law No. 24 of 2009 requiring Indonesian language usage. It typically includes detailed service specifications, payment terms, performance standards, and professional obligations. This document is particularly relevant for professional service firms seeking to establish long-term client relationships while ensuring legal compliance and clear service expectations in the Indonesian business context.
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1. Parties: Identification of the service provider and the client, including their legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement
5. Term and Renewal: Duration of the retainer agreement and conditions for renewal
6. Fees and Payment Terms: Retainer fee amount, payment schedule, and method of payment
7. Obligations of Service Provider: Detailed responsibilities and commitments of the service provider
8. Client Responsibilities: Obligations and commitments required from the client
9. Confidentiality: Provisions regarding the protection and handling of confidential information
10. Intellectual Property: Ownership and rights related to work products and pre-existing IP
11. Termination: Conditions and procedures for ending the agreement
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
13. Notices: Procedures for formal communications between parties
14. Entire Agreement: Standard boilerplate confirming this document as the complete agreement
1. Force Majeure: Provisions for unforeseen circumstances preventing performance - include for longer-term retainers
2. Non-Compete: Restrictions on working with competitors - include when dealing with sensitive industry sectors
3. Non-Solicitation: Restrictions on hiring each other's employees - include for larger professional service firms
4. Insurance: Requirements for professional indemnity insurance - include for high-risk services
5. Compliance with Anti-Corruption Laws: Specific anti-corruption provisions - include when dealing with government-linked entities or international clients
6. Data Protection: Specific data handling requirements - include when personal data processing is involved
7. Service Level Agreement: Specific performance metrics - include for technical or measurable services
8. Currency and Exchange Rate: Provisions for international payments - include for cross-border services
1. Schedule A - Scope of Services: Detailed breakdown of services covered under the retainer
2. Schedule B - Fee Schedule: Detailed fee structure, including hourly rates for additional services
3. Schedule C - Key Personnel: List of key team members assigned to the client
4. Schedule D - Service Levels: Specific performance metrics and response times
5. Schedule E - Report Formats: Templates and formats for regular reporting
6. Appendix 1 - Communication Protocol: Procedures for day-to-day communications and escalations
7. Appendix 2 - Client Policies: Relevant client policies that the service provider must comply with
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