The Retainer Model Contract serves as a foundational agreement for establishing long-term professional service relationships under Maltese law. It is particularly useful when a client requires regular access to professional services and wishes to secure priority service delivery through a pre-arranged fee structure. This contract type addresses key aspects such as service scope, retainer fees, resource allocation, and service levels, while ensuring compliance with Maltese legal requirements, including the Civil Code, VAT regulations, and data protection laws. The document is structured to provide clarity on obligations, deliverables, and commercial terms while maintaining flexibility for various professional service scenarios.
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1. Parties: Identification of the service provider and client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the retainer arrangement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Service Period', etc.
4. Scope of Services: Detailed description of the services covered under the retainer arrangement
5. Retainer Terms: Specific details about the retainer arrangement, including minimum commitment period and service allocation
6. Fees and Payment Terms: Retainer fee amount, payment schedule, handling of additional services beyond retainer scope
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. Intellectual Property Rights: Ownership and usage rights of materials and deliverables
10. Confidentiality: Confidentiality obligations and handling of sensitive information
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of the agreement and termination provisions
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. General Provisions: Standard clauses including notices, entire agreement, governing law, etc.
1. Service Levels: Include when specific performance metrics or response times need to be defined
2. Personnel: Include when specific team members or qualifications need to be guaranteed
3. Non-Compete: Include when restrictions on working with competitors are required
4. Insurance: Include when specific insurance requirements need to be maintained
5. Dispute Resolution: Include when specific dispute resolution procedures beyond court jurisdiction are needed
6. Force Majeure: Include when specific provisions for unforeseen circumstances are required
7. Anti-Corruption: Include for high-value contracts or when working with public sector clients
1. Schedule 1 - Scope of Services: Detailed breakdown of services included in the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees and additional service rates
3. Schedule 3 - Service Levels: Specific metrics and performance standards if applicable
4. Schedule 4 - Key Personnel: Details of key team members assigned to the retainer if applicable
5. Appendix A - Report Templates: Standard templates for regular reporting if required
6. Appendix B - Communication Protocols: Procedures for routine communications and escalations
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