Consultant Retainer Agreement for Malta
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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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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
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
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
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