The Service Provider Contract is essential for businesses and individuals operating in New Zealand who engage external service providers or offer services to clients. This document is designed to comply with New Zealand law, including the Contract and Commercial Law Act 2017 and related legislation. It should be used whenever there is a formal service arrangement that needs to be documented, whether for one-time projects or ongoing services. The contract typically includes detailed service specifications, payment terms, performance standards, confidentiality provisions, and risk allocation between parties. It's particularly important for protecting both parties' interests, ensuring clear communication of expectations, and providing a legal framework for the service relationship. The document can be customized for various service types while maintaining compliance with New Zealand legal requirements.
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1. Parties: Identifies and provides full legal details of the service provider and the client
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Services: Detailed description of the services to be provided
5. Term: Duration of the agreement, including start date and any renewal provisions
6. Fees and Payment: Payment terms, rates, invoicing schedule, and GST treatment
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Intellectual Property: Ownership and rights related to any IP created during service provision
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnity: Limitations of liability and indemnification provisions
12. Termination: Circumstances and process for ending the agreement
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Insurance: Required when services involve significant risks or client requires specific coverage
2. Health and Safety: Essential when services are performed at client sites or involve physical work
3. Data Protection: Required when service provider will handle personal or sensitive data
4. Non-Competition: Used when service provider may gain competitive knowledge or access to sensitive market information
5. Service Levels: Include when specific performance metrics need to be maintained
6. Subcontracting: Required if service provider may need to engage subcontractors
7. Force Majeure: Important for long-term contracts or services vulnerable to external disruptions
8. Change Control: Necessary for complex or long-term services where scope may evolve
1. Schedule 1 - Service Description: Detailed specifications of services, deliverables, and performance standards
2. Schedule 2 - Fees and Charges: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, reporting requirements, and remedies
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide the services
5. Schedule 5 - Client Materials and Requirements: List of items, access, or information the client must provide
6. Appendix A - Change Request Form: Template for requesting and documenting changes to services
7. Appendix B - Report Templates: Standard formats for required service reports and documentation
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