This Retainer Fee Agreement template is designed for use under Irish law when establishing ongoing professional service relationships. It is particularly suited for situations where regular access to professional services is required, and both parties benefit from a structured, long-term arrangement. The document includes essential provisions required by Irish law, including consumer protection measures, data protection compliance, and professional service standards. A Retainer Fee Agreement typically covers service scope, fee structure, payment terms, service levels, and termination conditions. It's commonly used by professional service providers such as lawyers, consultants, accountants, and IT service providers who offer their services on a recurring basis to clients in Ireland.
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1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the parties' intention to enter into a retainer arrangement
3. Definitions: Key terms used throughout the agreement defined for clarity and consistent interpretation
4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement
5. Retainer Fee and Payment Terms: Specification of the retainer fee amount, payment schedule, and what services are covered under the retainer
6. Term and Renewal: Duration of the retainer agreement and provisions for renewal or extension
7. Obligations of the Service Provider: Detailed responsibilities and commitments of the service provider
8. Obligations of the Client: Client's responsibilities and commitments, including timely payment and cooperation
9. Confidentiality: Provisions for handling confidential information shared during the engagement
10. Termination: Circumstances and procedures for ending the agreement
11. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for dispute resolution
1. Data Protection: GDPR compliance provisions, required when personal data will be processed
2. Intellectual Property: IP rights provisions, needed when services involve creation of intellectual property
3. Non-Compete and Non-Solicitation: Restrictions on competition and client solicitation, useful for sensitive professional services
4. Force Majeure: Provisions for unforeseeable circumstances, recommended for long-term retainers
5. Professional Indemnity Insurance: Insurance requirements and coverage details, important for regulated professions
6. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value retainers
7. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, needed if relevant to service delivery
1. Schedule 1 - Detailed Service Description: Comprehensive list and description of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and service level commitments
4. Schedule 4 - Key Personnel: List of key team members assigned to provide the services
5. Appendix A - Communication Protocol: Procedures for routine communications and escalations
6. Appendix B - Reporting Requirements: Format and frequency of progress reports and performance updates
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