This Consulting Services Agreement is designed for use in New Zealand business contexts where one party (the Consultant) agrees to provide professional consulting services to another party (the Client). It is particularly relevant for businesses engaging external expertise, whether for short-term projects or ongoing advisory services. The agreement comprehensively addresses key aspects including service scope, fees, intellectual property rights, confidentiality, and liability, while ensuring compliance with New Zealand legislation such as the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. This document is essential for protecting both parties' interests and establishing clear expectations for the consulting engagement, whether for individual consultants or consulting firms providing services to businesses, government entities, or other organizations.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the consultant's expertise and the client's requirements
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Engagement and Scope: Specifies the nature of engagement and detailed scope of services to be provided
5. Term and Termination: Details the duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment: Outlines the fee structure, payment terms, expenses, and invoicing procedures
7. Obligations of the Consultant: Lists the consultant's key responsibilities, deliverables, and performance standards
8. Obligations of the Client: Specifies client responsibilities including provision of information and access
9. Intellectual Property: Addresses ownership and usage rights of pre-existing and created intellectual property
10. Confidentiality: Details confidentiality obligations and handling of sensitive information
11. Liability and Indemnity: Sets out liability limitations and indemnification obligations
12. Insurance: Specifies required insurance coverage and minimum amounts
13. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
14. Execution: Formal signing section with execution blocks for all parties
1. Service Levels: Include when specific performance metrics or service standards need to be measured and maintained
2. Change Control: Add when the scope of services is likely to evolve or require formal variation procedures
3. Data Protection: Include when the services involve processing significant personal data or sensitive information
4. Non-Compete: Add when protecting against competition is crucial, subject to NZ competition law restrictions
5. Force Majeure: Include when specific provisions for unforeseen circumstances are needed beyond standard frustration of contract
6. Anti-Bribery and Corruption: Add for international consultancy or when working with public sector clients
7. Health and Safety: Include when services involve on-site work or specific health and safety risks
8. Key Personnel: Add when specific consultant personnel are crucial to service delivery
1. Schedule 1 - Services Description: Detailed description of services, methodologies, and deliverables
2. Schedule 2 - Fees and Payment Schedule: Detailed fee structure, rates, payment milestones, and expenses policy
3. Schedule 3 - Key Personnel: Details of key consultant personnel and their roles/responsibilities
4. Schedule 4 - Service Levels: Specific performance metrics, measurement methods, and remedies
5. Schedule 5 - Client Materials and Requirements: List of materials, access, and support to be provided by the client
6. Appendix A - Form of Change Order: Template for documenting and approving changes to services
7. Appendix B - Acceptance Testing Procedures: Procedures for accepting deliverables, if applicable
8. Appendix C - Information Security Requirements: Specific security protocols and requirements for handling client data
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