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Consultant Retainer Agreement for Malta

Consultant Retainer Agreement Template for Malta

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Key Requirements PROMPT example:

Consultant Retainer Agreement

"I need a Consultant Retainer Agreement for my Malta-based tech startup to engage a cybersecurity consultant from January 2025, with strict confidentiality provisions and the ability to extend services to our subsidiary companies."

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Consultant Retainer Agreement

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What is a Consultant Retainer Agreement?

The Consultant Retainer Agreement is designed for situations where a business requires ongoing access to professional consulting services rather than project-based engagements. This document, governed by Maltese law and compliant with EU regulations, establishes a framework for continuous professional services while maintaining the consultant's independent status. It addresses key aspects such as service scope, retainer fees, intellectual property rights, confidentiality, and data protection requirements under both Maltese and EU law. The agreement is particularly suitable for long-term consulting relationships where regular access to expertise is needed, and includes provisions for service levels, performance metrics, and compliance with local professional services regulations.

What sections should be included in a Consultant Retainer Agreement?

1. Parties: Identification of the client and consultant, including full legal names, registration numbers (if applicable), and registered addresses

2. Background: Context of the agreement, brief description of the client's business, and the consultant's expertise

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of the consultant's appointment and general scope of services

5. Term and Renewal: Duration of the retainer agreement and renewal provisions

6. Services: Detailed description of the consulting services to be provided

7. Fees and Payment: Retainer fee structure, payment terms, expenses, and invoicing procedures

8. Consultant's Obligations: Key responsibilities, service standards, and compliance requirements

9. Client's Obligations: Client's responsibilities, including provision of information and cooperation

10. Intellectual Property: Ownership and rights related to work products and pre-existing IP

11. Confidentiality: Confidentiality obligations and handling of sensitive information

12. Data Protection: GDPR compliance and data handling procedures

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Termination: Grounds for termination, notice periods, and consequences of termination

15. General Provisions: Standard clauses including notices, entire agreement, governing law, and jurisdiction

What sections are optional to include in a Consultant Retainer Agreement?

1. Non-Compete: Restrictions on consultant's competitive activities, used when the consultant will have access to sensitive business information

2. Insurance: Insurance requirements for the consultant, included when specific professional insurance coverage is needed

3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term retainers

4. Assignment and Subcontracting: Rules regarding transfer of rights and use of subcontractors, included when relevant to the service delivery model

5. Performance Metrics: Specific KPIs and performance evaluation criteria, used when quantifiable metrics are important

6. Compliance with Anti-Corruption Laws: Additional compliance provisions, included for high-value or public sector contracts

7. Client Equipment and Resources: Terms regarding use of client resources, included when consultant needs access to client systems or facilities

What schedules should be included in a Consultant Retainer Agreement?

1. Schedule 1 - Services Description: Detailed breakdown of services to be provided under the retainer

2. Schedule 2 - Fee Schedule: Detailed fee structure, including hourly rates, retainer calculations, and expense categories

3. Schedule 3 - Service Levels: Specific service levels and performance standards

4. Schedule 4 - Key Personnel: Details of key consultant personnel assigned to the client

5. Appendix A - Compliance Requirements: Specific regulatory or professional requirements applicable to the services

6. Appendix B - Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Professional Services

Technology

Financial Services

Healthcare

Manufacturing

Real Estate

Education

Retail

Telecommunications

Energy

Maritime

Gaming

Construction

Media and Entertainment

Business Consulting

Environmental Services

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Project Management

Business Development

Strategy

Administration

Corporate Services

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Procurement Manager

Operations Director

Human Resources Director

Finance Director

Business Development Manager

Project Manager

Department Head

Compliance Officer

Risk Manager

Strategy Consultant

Management Consultant

Technical Consultant

Professional Services Manager

Contract Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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