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Consultant Retainer Agreement
"I need a Consultant Retainer Agreement under Swiss law for an IT security consulting firm providing ongoing cybersecurity services to our fintech company, with strict data protection requirements and quarterly review provisions."
1. Parties: Identification of the client and consultant, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: General description of consulting services covered by the retainer
5. Term and Termination: Duration of the retainer agreement and termination provisions, including notice periods
6. Retainer Fee and Payment Terms: Monthly/periodic retainer amount, payment schedule, and invoicing requirements
7. Service Delivery: Standards for service delivery, response times, and availability expectations
8. Consultant's Obligations: Key responsibilities and commitments of the consultant
9. Client's Obligations: Key responsibilities and commitments of the client
10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Swiss data protection laws and data handling procedures
13. Liability and Indemnification: Limitation of liability and indemnification provisions under Swiss law
14. Insurance: Required insurance coverage to be maintained by the consultant
15. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when consultant has access to sensitive competitive information
2. Non-Solicitation: Restrictions on soliciting employees or clients, recommended for consultants with significant client contact
3. Performance Metrics: Specific KPIs and performance standards, useful for agreements with measurable deliverables
4. Additional Services: Framework for engaging consultant for work beyond retainer scope, included when ad-hoc projects are likely
5. Compliance with Industry Regulations: Specific regulatory compliance requirements, necessary for regulated industries
6. Force Majeure: Provisions for unforeseen circumstances preventing performance, recommended for long-term agreements
7. Assignment and Subcontracting: Rights to transfer agreement or use subcontractors, included when relevant to service delivery model
1. Schedule A - Scope of Services: Detailed description of retained services, deliverables, and service levels
2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and expenses policy
3. Schedule C - Key Personnel: List of key consultant personnel assigned to the engagement
4. Schedule D - Service Levels: Specific performance standards, response times, and quality metrics
5. Schedule E - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss data protection laws
6. Appendix 1 - Contact Details: Contact information for key representatives from both parties
7. Appendix 2 - Reporting Requirements: Templates and specifications for regular reporting
Authors
Professional Services
Information Technology
Management Consulting
Financial Services
Healthcare
Manufacturing
Education
Legal Services
Engineering
Marketing and Advertising
Real Estate
Telecommunications
Environmental Services
Human Resources
Research and Development
Legal
Procurement
Finance
Human Resources
Operations
Business Development
Risk and Compliance
Project Management Office
Executive Leadership
Commercial
Chief Executive Officer
Chief Financial Officer
General Counsel
Legal Counsel
Procurement Manager
Contract Manager
Business Development Director
Human Resources Director
Operations Manager
Project Manager
Consulting Partner
Managing Director
Independent Consultant
Professional Services Director
Risk Manager
Compliance Officer
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