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Business Retainer Agreement Template for Ireland

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Key Requirements PROMPT example:

Business Retainer Agreement

"I need a Business Retainer Agreement for my IT consulting firm to provide ongoing technical support and maintenance services to enterprise clients, with monthly billing and service level agreements, starting from January 2025."

Document background
The Business Retainer Agreement is essential for establishing long-term professional service relationships under Irish law. It is typically used when a business requires regular access to professional services, such as consulting, legal, marketing, or technical support, on an ongoing basis. The agreement provides certainty of service availability while offering the service provider a stable income stream. This document includes detailed provisions for service scope, performance standards, payment terms, and professional obligations, all compliant with Irish legislation including the Sale of Goods and Supply of Services Act 1980, Competition Act 2002, and relevant EU regulations. The Business Retainer Agreement is particularly valuable for businesses seeking to secure priority access to professional services while maintaining cost predictability and service quality standards.
Suggested Sections

1. Parties: Identifies and defines the service provider and client with full legal names and registered addresses

2. Background: Sets out the context of the agreement and general intention of the parties

3. Definitions: Defines key terms used throughout the agreement

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

5. Term and Renewal: Duration of the retainer agreement and renewal provisions

6. Fees and Payment Terms: Monthly retainer fee, payment schedule, invoicing process, and late payment consequences

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. Confidentiality: Provisions for handling confidential information

10. Intellectual Property: Ownership and usage rights of any IP created during the service provision

11. Limitation of Liability: Caps on liability and exclusions

12. Termination: Grounds for termination and notice requirements

13. Post-Termination Obligations: Obligations that survive after agreement termination

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law

Optional Sections

1. Service Levels: Specific performance metrics and standards, used when service quality needs to be quantifiably measured

2. Data Protection: GDPR compliance provisions, required if personal data processing is involved

3. Non-Compete: Restrictions on working with competitors, used in sensitive industry sectors

4. Insurance: Specific insurance requirements, important for high-risk services

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, important for larger service providers

7. Dispute Resolution: Specific procedures for handling disputes, useful for high-value or complex services

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed fee structure, including any variable elements

3. Schedule 3 - Service Levels: Specific performance metrics and KPIs if applicable

4. Schedule 4 - Key Personnel: List of key team members responsible for service delivery

5. Schedule 5 - Reports and Deliverables: Format and frequency of required reports and deliverables

6. Appendix A - Communication Protocols: Agreed communication procedures and contact points

7. Appendix B - Change Request Process: Procedure for requesting and implementing changes to services

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























Clauses





























Relevant Industries

Professional Services

Legal Services

Management Consulting

IT Services

Marketing and Advertising

Financial Advisory

Business Consulting

Accounting Services

Digital Services

Creative Services

Human Resources

Technical Support

Relevant Teams

Legal

Finance

Procurement

Operations

Commercial

Business Development

Contract Management

Project Management

Account Management

Service Delivery

Professional Services

Risk and Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Chief Operating Officer

Head of Legal

General Counsel

Procurement Manager

Contract Manager

Business Development Director

Operations Manager

Finance Director

Commercial Director

Project Manager

Account Director

Service Delivery Manager

Professional Services Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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