This Business Consulting Contract is designed for use in New Zealand business environments where professional consulting services are being engaged. It serves as a legally binding agreement between consultants or consulting firms and their clients, establishing clear parameters for service delivery, compensation, and mutual obligations. The document is structured to comply with New Zealand contract law and commercial regulations, including the Contract and Commercial Law Act 2017 and relevant professional services legislation. It is particularly suitable for engagements involving strategic advice, project management, business transformation, or specialized professional services, providing comprehensive protection for both parties while maintaining flexibility for various consulting scenarios.
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1. Parties: Identifies and provides full legal details of the consultant and the client
2. Background: Outlines the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the consulting services to be provided
5. Term and Engagement: Specifies the duration of the agreement and nature of engagement
6. Consultant's Obligations: Details the consultant's duties, responsibilities, and standard of service
7. Client's Obligations: Outlines the client's responsibilities and obligations to enable service delivery
8. Fees and Payment: Specifies consulting fees, payment terms, expenses, and invoicing procedures
9. Intellectual Property: Addresses ownership and usage rights of pre-existing and created IP
10. Confidentiality: Details confidentiality obligations and handling of sensitive information
11. Liability and Indemnity: Sets out liability limitations and indemnification provisions
12. Termination: Specifies termination conditions, notice periods, and consequences
13. General Provisions: Contains standard legal provisions including governing law, notices, and assignment
1. Non-Compete: Restricts consultant from competing activities - use when protecting market position is crucial
2. Insurance: Specifies required insurance coverage - use for high-risk or regulated industry consulting
3. Data Protection: Detailed data handling requirements - use when significant personal data processing is involved
4. Force Majeure: Addresses unforeseeable circumstances - use when long-term or critical services are involved
5. Dispute Resolution: Specific dispute handling procedures - use for high-value or complex engagements
6. Performance Metrics: Defines KPIs and performance standards - use when specific measurable outcomes are required
7. Subcontracting: Rules for engaging subcontractors - use when subcontracting might be needed
1. Schedule 1 - Services Description: Detailed breakdown of consulting services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Key Personnel: Lists key consultant team members and their roles
4. Schedule 4 - Service Levels: Specific performance standards and service level requirements
5. Appendix A - Project Timeline: Detailed project phases and delivery dates
6. Appendix B - Required Reports: Templates and specifications for required reporting
7. Appendix C - Client Policies: Relevant client policies the consultant must comply with
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