This retainer consulting agreement template has 9 pages and is a MS Word file type listed under our business plan kit documents.
Sample of our retainer consulting agreement template:
RETAINER CONSULTING AGREEMENT This Retainer Consulting Agreement (the "Agreement") is effective [DATE], BETWEEN: [NAME OF THE CLIENT], (the "Client"), an individual with their main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [NAME OF THE CONSULTANT], (the "Consultant"), an individual with their main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Client and Consultant shall be referred to as the "Parties." WHEREAS, the Client is engaged in the business of [BRIEFLY DEFINE THE BUSINESS]; WHEREAS, the Consultant has expertise in one or more fields of business that the Consultant offers and wishes to provide its services to the Client; WHEREAS, the Client has an interest in engaging with the Consultant; Whereas, both Parties wish to evidence their contract in writing and both Parties have the capacity to enter into and perform this contract; NOW THEREFORE in consideration and as a condition of the Parties entering into this Agreement and other valuable considerations, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows: INCORPORATION OF RECITALS The Parties agree that the Recitals are true and correct and are incorporated into this Agreement as though set forth in full. RELATIONSHIP The Consultant acknowledges that they are solely an Independent Contractor and are not an employee, agent, partner or joint venture of the Client. The Client will provide the Consultant with the details of the Services it wants the Consultant to undertake and perform henceforth. The Client shall not withhold any taxes or any amount or payment due to the Consultant and which it owes to the Consultant in regard to the Services rendered by it to the Client. TERM The present Agreement shall come into force on the Effective Date hereof and shall remain in force for a period of [NUMBER OF MONTHS] months starting from the Effective Date hereof and shall terminate at the expiration of the term hereof. SERVICES During the term of this Agreement, the Consultant is hereby retained by the Client on a non-exclusive basis to provide strategic consultancy services (the "Services") to the Client. The description and details of Services are described in Exhibit A "Services," which is attached to this Agreement and made a part hereof. PAYMENT The Consultant shall raise an invoice at the completion of every month and the Client shall make payment for the consultant fee within [NUMBER OF DAYS] days' time from the receipt of invoice. The invoice shall mention the overage, and any expenses incurred, with documentation as necessary and prudent to verify charges. If the Client does not make the payment within the stipulated time period, then the Consultant reserves the right to withhold the Services until the monthly payment is made. The Client will be charged for additional products and/or services as ordered by the Client which are not part of the Services covered in clause 4 of this Agreement, at the Consultant's current rates for such additional products and/or services. The Client shall make the payment within [NUMBER OF DAYS] days after the receipt of the invoice from the Consultant. The payment shall be made via [METHOD OF PAYMENT]. In case there is a discrepancy with the invoice, the same shall be communicated to the other Party and the same shall be resolved amicably and in accordance with the terms of this Agreement. PERFORMANCE OF SERVICES The manner in which the Services are to be performed and the specific hours to be worked by the Consultant shall be determined by the Consultant. The Client will rely on the Consultant to work as many hours as may be reasonably necessary to fulfill the Consultant's obligations under this Agreement. The Consultant agrees to devote a minimum time of five days per month to perform the Services for the Client. The Client will rely upon the Consultant to work such number of days or hours as is reasonably necessary to fulfill the purpose of such consultancy work. CONFIDENTIALITY Definition: "Confidential Information" means any proprietary information, technical data, trade secrets or know-how of the Client, including, but not limited to, research, business plans or models, product plans, products, services, computer software and code, developments, inventions, processes, formulas, technology, designs, drawings, engineering, customer lists and customers (including, but not limited to, customers of the Client on whom the Consultant called or with whom the Consultant became acquainted during the term of his performance of the Services), markets, finances or other business information disclosed by the Client either directly or indirectly in writing, orally or by drawings or inspection of parts or equipment. Confidential Information does not include information which: (a) is known to the Consultant at the time of disclosure to the Consultant by the Client, as evidenced by written records of the Consultant, (b) has become publicly known and made generally available through no wrongful act of the Consultant, or (c) has been rightfully received by the Consultant from a third party who is authorized to make such disclosure. Non-Use and Non-Disclosure. The Consultant shall not, during or subsequent to the term of this Agreement: (i) use the Client's Confidential Information for any purpose whatsoever other than the performance of the Services on behalf of the Client, or (ii) disclose the Client's Confidential Information to any third party. It is understood that said Confidential Information is and will remain the sole property of the Client. The Consultant shall take all commercially reasonable precautions to prevent any unauthorized use or disclosure of such Confidential Information. The Consultant, his/her servants, agents, and employees shall not use, disseminate or distribute to any Person, firm or entity, incorporate, reproduce, modify, reverse engineer, decompile or network any Confidential Information, or any portion thereof, for any purpose, commercial, personal, or otherwise, except as expressly authorized in writing by the Manager then appointed by the Client. Upon completion of the Services, or termination of this Agreement, or at any time thereafter, the Consultant and his/her servants, agents, and employees shall promptly return to the Client, or upon the request of the Client shall destroy or delete, all such tangible and intangible Confidential Information, including, but not limited to, any and all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings blueprints, sketches, materials, equipment, other documents or property, or reproductions of any aforementioned items developed by the Consultant pursuant to his/her performance of the Services or otherwise belonging to the Client. If requested by the Client, upon the termination or expiration of this Agreement with the Client, the Consultant agrees to and shall execute and deliver a termination certification attesting to the performance of the terms and conditions of this Section 7.2, which may be provided by the Client in its sole discretion and timing. NON-COMPETITION AND NON-SOLICITATION The Consultant shall not, directly or indirectly, engage in soliciting of the existing or potential clients of the Client. It shall also not market its own services to the existing or potential clients of the Client
