Monthly Retainer Consulting Agreement

Monthly Retainer Consulting Agreement Template for Denmark

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Document background

The Monthly Retainer Consulting Agreement is designed for situations where a client requires regular, ongoing access to consulting services under Danish jurisdiction. This document is particularly useful when there is a need for consistent, long-term professional support rather than project-based engagements. It typically includes detailed provisions for service scope, retainer fees, performance metrics, and compliance with Danish business and tax regulations. The agreement is structured to protect both parties' interests while ensuring flexibility and clear terms for regular service delivery. It's commonly used by consulting firms, professional service providers, and independent consultants who want to establish stable, recurring revenue streams while providing their clients with reliable access to their expertise.

Suggested Sections

1. Parties: Identification of the consultant and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' intent to enter into a retainer arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Deliverables', etc.

4. Scope of Services: Detailed description of the consulting services to be provided under the retainer arrangement

5. Term and Commitment: Duration of the agreement and any minimum commitment period

6. Retainer Fee and Payment Terms: Monthly fee structure, payment schedule, invoicing process, and handling of additional services beyond the retainer scope

7. Service Delivery and Performance: Standards for service delivery, response times, and performance metrics

8. Obligations of the Consultant: Consultant's commitments, responsibilities, and standard of care

9. Client Responsibilities: Client's obligations, including providing necessary information and cooperation

10. Intellectual Property Rights: Ownership and usage rights of any materials or deliverables created during the engagement

11. Confidentiality: Protection of confidential information exchanged during the engagement

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Termination: Conditions and process for terminating the agreement

15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Non-Competition: Restrictions on competitive activities, recommended when the consultant will have access to sensitive business information

2. Non-Solicitation: Restrictions on soliciting clients or employees, useful for protecting business relationships

3. Insurance: Requirements for professional liability insurance, relevant for high-risk or regulated industries

4. Service Credits: Performance-related credits or penalties, useful for agreements with strict service level requirements

5. Staffing Requirements: Specific personnel requirements or qualifications, relevant when particular expertise is required

6. Audit Rights: Client's right to audit the consultant's work, important for regulated industries or complex projects

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements

8. Exit Assistance: Transition support upon termination, important for business-critical services

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services included in the retainer arrangement

2. Schedule 2 - Fee Schedule: Detailed breakdown of the retainer fee and rates for additional services

3. Schedule 3 - Service Levels: Specific performance metrics and service level agreements

4. Schedule 4 - Key Personnel: List of key consultant personnel assigned to the engagement

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable

7. Appendix A - Report Templates: Standard templates for regular reporting and documentation

8. Appendix B - Change Request Form: Template for requesting changes to the scope of services

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