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General Retainer Agreement Template for New Zealand

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Key Requirements PROMPT example:

General Retainer Agreement

"I need a General Retainer Agreement for my IT consulting firm based in Auckland, providing cloud security services to financial institutions, with a monthly retainer of NZD 15,000 starting March 2025, including strict confidentiality and data protection provisions."

Document background
This General Retainer Agreement is designed for use in New Zealand business contexts where professional services are provided on an ongoing basis. It is particularly suitable when a service provider wishes to establish a continuous professional relationship with a client, securing a regular commitment for services while setting clear expectations and terms. The agreement includes essential provisions required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant professional services regulations. It addresses key aspects such as service scope, fee structures, confidentiality, intellectual property rights, and liability provisions, making it suitable for various professional service arrangements from consulting to advisory services. The document should be used when parties seek to formalize a long-term professional service arrangement with regular payment terms and clearly defined service expectations.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the retainer arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the formal appointment and outlines the general scope of services

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Fees and Payment: Details the retainer fee structure, payment terms, and billing procedures

7. Service Provider's Obligations: Lists the key responsibilities and duties of the service provider

8. Client's Obligations: Outlines the client's responsibilities and requirements

9. Confidentiality: Establishes confidentiality obligations for both parties

10. Intellectual Property: Addresses ownership and usage rights of any IP created during the engagement

11. Liability and Indemnity: Sets out liability limitations and indemnification provisions

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Insurance: Details insurance requirements - include when professional services involve significant risks or regulatory requirements

2. Data Protection: Specific provisions for handling personal data - include when services involve processing significant personal information

3. Service Levels: Defines specific performance metrics - include when service quality needs to be quantifiably measured

4. Conflict of Interest: Addresses potential conflicts - particularly important for professional services firms

5. Non-Solicitation: Prevents poaching of staff/clients - include when there's significant risk of staff or client poaching

6. Force Majeure: Addresses unforeseen circumstances - include when service continuity is critical

7. Dispute Resolution: Details specific dispute resolution procedures - include when alternative dispute resolution is preferred

8. Compliance with Laws: Specific regulatory compliance obligations - include when services are in regulated industries

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of specific services to be provided under the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Key Personnel: List of key team members and their roles in providing the services

4. Schedule 4 - Service Levels: Detailed service level requirements and performance metrics

5. Appendix A - Communication Protocols: Procedures for routine communications and reporting

6. Appendix B - Special Terms and Conditions: Any special terms or conditions specific to the client or service

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

Legal Services

Consulting

Professional Services

Marketing and Advertising

IT Services

Financial Services

Business Advisory

Public Relations

Management Consulting

Digital Services

Engineering Services

Accounting Services

Relevant Teams

Legal

Finance

Operations

Business Development

Client Services

Procurement

Compliance

Risk Management

Account Management

Project Management

Professional Services

Contract Administration

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Business Development Manager

Finance Director

Operations Manager

Professional Services Manager

Client Services Director

Procurement Manager

Account Manager

Project Manager

Compliance Officer

Risk Manager

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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