The Customer Agreement serves as the primary legal framework governing the relationship between businesses and their customers in New Zealand. This document is essential for any business providing goods or services to customers, whether in B2C or B2B contexts. The agreement must comply with New Zealand's consumer protection framework, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020. It should be used when establishing new customer relationships or updating terms with existing customers, and typically includes comprehensive provisions for service delivery, payment terms, liability limitations, and dispute resolution. The Customer Agreement is designed to be adaptable across various industries while maintaining compliance with New Zealand's legal requirements and providing clear, fair, and enforceable terms for all parties involved.
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1. Parties: Identifies and defines the business provider and customer, including full legal names and contact details
2. Background: Sets out the context of the agreement and the general intent of the parties
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Services/Products: Detailed description of the services or products being provided
5. Fees and Payment: Payment terms, fees, pricing, and billing arrangements
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Customer Obligations: Customer responsibilities and requirements under the agreement
8. Provider Obligations: Provider's commitments and service standards
9. Privacy and Data Protection: How customer data will be collected, used, and protected in compliance with the Privacy Act 2020
10. Intellectual Property: Ownership and usage rights of any intellectual property
11. Liability and Indemnities: Limitations of liability and indemnification provisions
12. Dispute Resolution: Process for handling disputes between parties
13. General Provisions: Standard legal clauses including governing law, entire agreement, and assignment
1. Service Level Agreement: Detailed service performance metrics and standards - include when providing ongoing services
2. Warranty: Product warranty terms - include when selling physical products
3. Insurance: Insurance requirements - include for high-risk services or products
4. Security: Security requirements and protocols - include when handling sensitive data or providing access to systems
5. Change Management: Process for implementing changes - include for long-term service agreements
6. Force Majeure: Provisions for unforeseen circumstances - include for critical services or long-term agreements
7. Compliance: Specific regulatory compliance requirements - include for regulated industries
8. Marketing and Publicity: Terms for using customer references - include when testimonials or case studies are desired
1. Schedule 1 - Price List: Detailed pricing information, rates, and fee structures
2. Schedule 2 - Service Specifications: Detailed technical or service specifications
3. Schedule 3 - Service Levels: Specific service level metrics and performance standards
4. Schedule 4 - Support Services: Details of support services, response times, and escalation procedures
5. Appendix A - Privacy Policy: Detailed privacy policy and data handling procedures
6. Appendix B - Acceptable Use Policy: Guidelines for acceptable use of services or products
Relevant legal definitions
Clauses
Relevant Industries
Retail
Software and Technology
Professional Services
Hospitality
Healthcare
Financial Services
Telecommunications
E-commerce
Manufacturing
Construction
Education
Consulting
Real Estate
Transportation
Relevant Teams
Legal
Commercial
Sales
Customer Service
Operations
Compliance
Risk Management
Business Development
Account Management
Customer Success
Product Management
Contract Administration
Relevant Roles
Legal Counsel
Commercial Manager
Business Development Manager
Sales Director
Customer Service Manager
Operations Manager
Compliance Officer
Contract Administrator
Risk Manager
Chief Executive Officer
Managing Director
Chief Operating Officer
Account Manager
Project Manager
Product Manager
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