This Flat Fee Retainer Agreement is designed for use in professional service arrangements under Irish law where a service provider commits to delivering specified services to a client for a predetermined fixed fee. The document is particularly valuable for businesses seeking to establish predictable costs for ongoing professional services while ensuring clarity in service scope and deliverables. It includes essential provisions required by Irish legislation, including data protection compliance, professional indemnity requirements, and service standards. This agreement type is commonly used by professional service firms, consultancies, and advisory businesses operating in Ireland, providing both parties with certainty regarding service scope and costs while maintaining flexibility for long-term professional relationships.
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1. Parties: Identification of the service provider and the client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Term', etc.
4. Scope of Services: Detailed description of the services covered under the retainer arrangement
5. Retainer Fee and Payment Terms: Specification of the flat fee amount, payment schedule, and what the fee covers
6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
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. Confidentiality: Obligations regarding confidential information handling
10. Data Protection: GDPR compliance and data handling procedures
11. Professional Indemnity: Professional insurance coverage and liability limitations
12. Governing Law: Specification of Irish law as governing law and jurisdiction
13. Entire Agreement: Standard boilerplate confirming this as the complete agreement between parties
1. Conflict Resolution: Specific procedures for handling disputes, recommended for high-value retainers
2. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term retainers
3. Assignment: Rights to transfer the agreement, needed if either party might need to assign rights
4. Non-Solicitation: Prevents hiring of staff, relevant for business-to-business arrangements
5. Intellectual Property: IP rights provisions, needed if services involve creative or technical work
6. Service Levels: Specific performance metrics, useful for complex service arrangements
7. Additional Services: Procedure for requesting services outside retainer scope, useful for flexible arrangements
1. Schedule 1 - Detailed Service Description: Comprehensive list of services included in the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of the retainer fee and payment milestones
3. Schedule 3 - Key Personnel: List of main service providers and their roles
4. Appendix A - Service Level Requirements: Specific metrics and standards for service delivery
5. Appendix B - Data Processing Agreement: Detailed GDPR-compliant data processing terms
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