A Business Retainer Agreement is essential for establishing long-term professional service relationships in the Philippine business context. This document is typically used when a client requires regular or priority access to professional services and agrees to pay a recurring retainer fee. The agreement, governed by Philippine law, specifically details the scope of retained services, payment structures, service delivery expectations, and the obligations of both parties. It's particularly valuable for professional service providers who offer ongoing support to businesses, ensuring clear terms of engagement while complying with Philippine regulatory requirements, including the Civil Code, Corporation Code, and relevant industry-specific regulations. The document provides security for both the service provider and the client by establishing a formal framework for their continuing business relationship.
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1. Parties: Identifies and provides full details of the contracting parties, including registration numbers for businesses
2. Background: Explains the context of the agreement and the parties' intention to enter into a retainer arrangement
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement
5. Term and Renewal: Specifies the initial term of the agreement and conditions for renewal
6. Retainer Fees and Payment Terms: Details the retainer fee amount, payment schedule, and payment methods
7. Obligations of Service Provider: Lists the specific duties and responsibilities of the service provider
8. Client Obligations: Outlines the client's responsibilities and obligations to enable service delivery
9. Confidentiality: Provisions protecting confidential information shared during the engagement
10. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the engagement
11. Termination: Specifies conditions and procedures for terminating the agreement
12. Governing Law and Jurisdiction: Establishes Philippine law as governing law and specifies jurisdiction for disputes
13. Notices: Specifies how formal communications between parties should be made and delivered
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Service Levels: Include when specific performance metrics or standards need to be maintained
2. Additional Services: Include when there's a need to specify how services beyond the retainer scope will be handled
3. Non-Compete: Include when restricting the service provider from working with competitors is necessary
4. Force Majeure: Include when specific provisions for unforeseen circumstances affecting performance are needed
5. Insurance Requirements: Include when specific insurance coverage needs to be maintained by either party
6. Data Protection: Include when personal data processing is involved in service delivery
7. Subcontracting: Include when the service provider may need to subcontract certain services
8. Audit Rights: Include when the client needs rights to audit the service provider's performance or records
1. Schedule A - Scope of Services: Detailed breakdown of services covered under the retainer
2. Schedule B - Fee Schedule: Detailed breakdown of fees, including any variable components or additional charges
3. Schedule C - Service Levels: Specific performance metrics and service standards if applicable
4. Schedule D - Key Personnel: List of key personnel assigned to provide the services
5. Appendix 1 - Communication Protocol: Procedures for routine communications and escalations
6. Appendix 2 - Report Templates: Standard templates for regular reporting if required
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