The Simple Independent Contractor Agreement is designed for use in New Zealand business contexts where organizations or individuals require professional services on a contractor basis rather than through employment. This agreement template is specifically crafted to comply with New Zealand legislation, including the Contract and Commercial Law Act 2017 and the Employment Relations Act 2000, ensuring clear distinction from employment relationships. It covers essential elements such as service scope, payment terms, intellectual property rights, confidentiality, and termination provisions while maintaining simplicity and clarity. The document is particularly useful for businesses engaging contractors for specific projects, consulting work, or ongoing professional services, providing a balanced framework that protects both parties' interests while maintaining flexibility in commercial relationships.
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1. Parties: Identifies the contracting parties - the principal/client and the contractor, including full legal names and addresses
2. Background: Brief context explaining the purpose of the agreement and confirming the intention to create an independent contractor relationship
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Confidential Information', etc.
4. Engagement and Term: Confirms the engagement as an independent contractor, term of agreement (fixed or ongoing), and renewal/extension provisions
5. Services: Overview of services to be provided, with reference to detailed scope in Schedule 1
6. Contractor Obligations: Key responsibilities including quality of work, timeline compliance, professional standards, and compliance with laws
7. Principal's Obligations: Client's responsibilities including providing necessary information, access, and resources
8. Fees and Payment: Payment terms, rates, invoicing process, and expenses policy with reference to Schedule 2
9. Independent Contractor Status: Explicit confirmation of contractor status and not employment relationship
10. Intellectual Property: Ownership and transfer of IP created during service provision
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Grounds for termination, notice periods, and consequences of termination
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Insurance: Required when contractor needs specific insurance coverage - details insurance requirements and minimum coverage
2. Non-Compete: Used when protecting against competition is crucial - must be reasonable in scope and duration
3. Health and Safety: Needed for contractors working on-site or in high-risk industries
4. Subcontracting: Include when contractor may need to subcontract some services
5. Equipment and Resources: Required when specifying who provides tools, equipment, or software
6. Key Personnel: Used when specific individuals are critical to service delivery
7. Data Protection: Include when contractor will handle personal or sensitive data
8. Force Majeure: Optional protection against unforeseen circumstances preventing performance
1. Schedule 1 - Services: Detailed scope of services, deliverables, and performance standards
2. Schedule 2 - Fees and Payment: Detailed fee structure, rates, payment schedule, and expense policies
3. Schedule 3 - Key Contacts: List of key personnel and contact details for both parties
4. Appendix A - Service Level Requirements: Optional detailed service levels and performance metrics if required
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