The Retainer Model Contract serves as a foundational document for establishing ongoing professional service relationships in the Philippines. It is specifically designed for situations where regular, recurring professional services are required, offering a structured framework for both service providers and clients. This template incorporates essential elements required under Philippine law, including provisions from the Civil Code, Labor Code, and relevant professional regulations. The document is particularly useful for professional service firms, consultants, and businesses seeking to establish long-term service arrangements with defined scope, payment terms, and service standards. The contract includes comprehensive provisions for confidentiality, intellectual property protection, and compliance with local regulations while maintaining flexibility to accommodate various professional service scenarios.
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1. Parties: Identification of the service provider and the client, including full legal names, addresses, and business registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement
5. Term and Renewal: Duration of the retainer agreement and conditions for renewal
6. Retainer Fees and Payment Terms: Monthly/periodic retainer amount, payment schedule, and invoicing procedures
7. Rights and Obligations: Specific responsibilities and obligations of both parties under the agreement
8. Service Standards: Expected quality and standards of service delivery
9. Confidentiality: Provisions for handling confidential information and trade secrets
10. Termination: Conditions and procedures for ending the agreement
11. Governing Law: Specification of Philippine law as governing law and jurisdiction
12. Entire Agreement: Integration clause confirming the contract as the complete agreement between parties
1. Additional Services: Terms for services beyond the retainer scope, used when the agreement may require occasional extra work
2. Performance Metrics: Specific KPIs and performance standards, included when measurable outcomes are part of the agreement
3. Intellectual Property Rights: IP ownership and licensing terms, needed when services involve creative or technical works
4. Data Protection: Specific data handling and privacy requirements, required when personal data processing is involved
5. Non-Compete: Restrictions on competitive activities, included when protecting business interests is crucial
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term retainers
7. Insurance Requirements: Specific insurance coverage requirements, important for high-risk services
8. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value contracts
1. Schedule A - Detailed Service Specifications: Comprehensive list and description of services covered under the retainer
2. Schedule B - Fee Structure: Detailed breakdown of retainer fees, additional service rates, and payment terms
3. Schedule C - Key Personnel: List of key team members assigned to provide the services
4. Schedule D - Service Level Agreement: Specific performance metrics, response times, and service standards
5. Schedule E - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the services
6. Appendix 1 - Communication Protocol: Procedures for regular communications, reporting, and escalation
7. Appendix 2 - Change Request Form: Standard form for requesting changes to services or terms
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